May 2022

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

New Standard for Phase I Environmental Site Assessments

By Patricia Paruch

On March 14, 2022, the U.S. Environmental Protection Agency (EPA) published a proposed rule which would amend the 2013 Standards and Practices for All Appropriate Inquiries (AAI)(40 CFR part 312). The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires prospective purchasers or operators of potentially contaminated property and others to conduct all appropriate inquiry into the environmental condition of the property to receive the liability protections in the statute. The purpose of the inquiry is to provide a snapshot of the environmental condition of the property and to identify any recognized environmental conditions (RECs) that may exist. Once any RECs are identified and documented, the entity can usually assume ownership or occupancy without incurring liability for the existing contamination.

Read More or Comment

Legislative Report

Join a Committee!

Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join or see the committees you're already subscribed to.

Note to Committee Members:
Communication settings for RPLS Special Committee members have been changed to "Daily Digest." This means when a message is posted on your Committee page, you will receive the message the day after it is posted.

  Find Us on Facebook   Join Us on LinkedIn   Find Us on Twitter

Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at or Glen Zatz at

Can't remember where you saw that e-Newsletter article? Check the e-Newsletter article index.

We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Mike Luberto at for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.