©Pinyon AAI & ASTM 2005 View from a Consultant Colorado Bar Association Environmental Law Section December 14, 2005

©Pinyon New Requirements to Consider Data gaps Environmental Professional AULs and Land Title Records Expanded Interviews Recommendations?

©Pinyon Better Documentation Proposals –User obligations AULs Land Title Questionnaire Contact names Other reports –Timing of user information Reports –Data Gaps –Data Failure –User Information –EP Involvement –Resources Checked but Not Useful

©Pinyon Internal Processes New checklists Field book changes Report Template Changes EP Training and continuing education Data failure – not until look at all sources, or document why they are not useful

©Pinyon More Internal Processes Phase I Updates – changes in scope and timing Training –L–Liability protections –N–New elements and requirements –R–Report template vs. ASTM requirements Cost ($) ASTM § Pinyon ReportASTM Language §9.2.4 C. Current Site Conditions 1.Site Visit, cont. e.Inaccessible Areas f. Other Limiting Conditions Limitations—The environmental professional shall document, in the report, general limitations and basis of review, including limitations imposed by physical obstructions such as adjacent buildings, bodies of water, asphalt, or other paved areas, and limiting conditions (for example, snow, rain). § g. Buildings/Structures on Site General Description of Structures— The report shall generally describe the structures or other improvements on the property, for example: number of buildings, number of stories each, approximate age of buildings, ancillary structures (if any), etc.

©Pinyon Finally… More Referral to Attorneys –Liability Protections