What is “All Appropriate Inquiry” and who conducts “All Appropriate Inquiry” under the Brownfields law?
A27. The Brownfields Law establishes that site characterizations or assessments conducted by entities with the use of brownfields grants awarded under CERCLA Section104(k)(2)(B)(kk) must be conducted in accordance with the “all appropriate inquiry” standards established under the law and anyone asserting a liability exemption must all conduct site assessments in accordance with “all appropriate inquiry” standards. All appropriate inquiry also refers to the requirements for assessing the environmental conditions of a property prior to its acquisition, for purposes of establishing a landowner liability protection under subtitle B of Title II of the Brownfields Law. These landowner liability protections require that a person perform “all appropriate inquiry” into the previous ownership and uses before acquiring the property. Depending on the date of purchase, the Brownfields Law ( 101(35)(B) of CERCLA) specifies the elements of the all appropriate inquiry to be applied.
