CALRC 2026: AAI and After, The Narrow Path for Preserving Liability Protections

Landowner Liability Protections (LLPS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are contingent on All Appropriate Inquiry conducted the form of a Phase I Environmental Site Assessment (ESA) prior to acquisition. But obligations do not end there. This panel will look at when Phase II ESA testing is needed (and when it is not), and will discuss the many continuing obligations that can be critical to preserving protections. This panel will also offer an update on the status of relevant ASTM standards (both speakers are on the committee responsible for revisions), case studies on their successful implementation, and cautionary tales when things went sideways.