Does a Phase I assessment that follows All Appropriate Inquiry procedures provide state liability protection?
No. All Appropriate Inquiry is a federal regulation to address concerns about Superfund liability at brownfield properties. It has no equivalent in Wisconsin law. In fact, s. 292.11, Wis. Stats. [exit DNR], is clear in assigning responsibility for environmental contamination to both the person that caused contamination and to the person that currently owns the contaminated property.
Related Questions
- When is a liability assessment based on a phase I environmental site assessment acceptable (Type C liability estimate)?
- Why is a needs assessment necessary and what are the procedures to follow in order to obtain appropriate information?
- Does a Phase I assessment that follows All Appropriate Inquiry procedures provide state liability protection?
