Have a question or comment about the continuing obligations standard? Post them here.

Many of you requested more examples! We've got 'em. Tim will discuss the following scenarios. Feel free to weigh in yourselves as well.


Are there any uses for this guide outside of CERCLA's liability protection?

What are the ball-park costs on a continuing oblgations analysis?

Did EPA have any role in developing the guide? Will they be recognizing it in the AAI rule as they did with E1527?

If excavation and grading as a portion of site development is "disposal" then could it not be constructed that every development site is a solid waste management unit or landfill subject to regulation?

Has EPA weighed in on what this means for RCRA sites?
Can I download or obtain a copy of Tim's slides please.

Where does the potential for the ongoing operation of a vapor intrustion control system come into play as part of continuing obligations?

Regarding the definition of land use restrictions, could you address the uncertainty regarding affirmative obligations in restrictive covenants?

Could you give a few examples of legal issues associated with the identification and implementation of continuing obligations as mentioned towards the end of the Barnes and Thornburg white paper?

Tim Haley is an associate in the Environmental Department in Barnes & Thornburg LLP’s Indianapolis, Indiana office.
Tim focuses his practice on environmental issues including: remediation of impaired properties, cost recovery for environmentally impaired properties, Title V and NPDES permitting appeals, administrative enforcement, administration adjudication, wetlands issues, and environmental issues associated with real estate transactions. Mr. Haley is a member of Barnes & Thornburg’s Climate Change, Construction Law and Insurance Recovery practice groups.
Tim also serves as Barnes & Thornburg’s representative to the American Society for Testing and Materials E50 Committee, where he actively participates in negotiating and drafting ASTM stands and guides, including ASTM’s standard on vapor intrusion in March 2008. Mr. Haley is also involved in the drafting process of ASTM’s forthcoming standard guide for identifying and complying with continuing obligations, a guide for commercial landowners interested in preserving CERCLA liability defenses.
To obtain a copy of the ASTM E2790 Standard, visit the ASTM Website.
You might also condering joining the E50 committee!