Article: A Progress Report on the Promulgation of Rules for "All Appropriate Inquiry" Under CERCLA
12/16/2004 R. Craig Hupp
Congress in 2002 required the U.S. Environmental Protection Agency ("USEPA") to promulgate regulations defining how prospective purchasers of property should perform “all appropriate inquiry” into potential contamination on real property. After a negotiated rule-making process, a USEPA-appointed committee recommended a set of rules to USEPA. On August 26, 2004, USEPA published a Notice of Rulemaking in the Federal Register based on the draft rules from the negotiated rule-making process and initiated a public comment period that closed November 30, 2004. The draft rules are accompanied by a lengthy preamble that should be regarded as required reading. The recommended rules include a number of small but significant changes in the current process, put additional burdens on the preparer of the environmental assessment, and establish the professional qualifications for individuals who perform assessments. However, it is not clear that the rules, if adopted, will improve either the accuracy or quality of the assessment process.
