JD Supra
by Amy Edwards
International – ASTM has proposed redefining a Controlled Recognized Environmental Condition (CREC). The ASTM’s definition, as drafted, confuses risk-based decision-making with the implementation of institutional controls, undermining 20 years’ worth of other ASTM and U.S. Environmental Protection Agency (EPA) work on institutional controls. The proposed CREC definition raises significant questions as to when “continuing obligations” will apply and therefore how prospective purchasers can maintain their landowner liability protections (LLPs) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).