In order to satisfy the “all appropriate inquiry” element, an owner must show that:
- A pre-purchase examination was performed by an environmental professional;
- Particular kinds of information about the property, its history and its value were collected; and
- Various sources were consulted.
All of these steps must be taken prior to the purchase, but no more than a year before the purchase date. The buyer, furthermore, must interview past owners and operators, search for environmental cleanup liens, review government records, inspect the property, and obtain a declaration by the environmental professional no more than 180 days before the purchase date.
An ESA performed by an environmental consultant that is consistent with ASTM Standard E-1527-05 is designed to meet the “all appropriate inquiry” requirement.
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