The E1527-21: A Missed Mark in Environmental Liens and AULs

We are compelled to address the significant ramifications of the E1527-21 standard on Environmental Liens and Activity and Use Limitations (AULs). It is our firm belief that this transition represents a missed opportunity, with far-reaching consequences for environmental consultants and stakeholders alike.

As a platform catering to a diverse community including environmental consultants, we are embarking on a series of articles to delve into the complexities and implications of the E1527-21 standard for Phase I Environmental Site Assessments. Brace yourselves, as the discourse surrounding this topic promises to be more contentious than ever before.

For context, our company, Nationwide Environmental Title Research (NETR), has a rich history dating back to the 1990s, specializing in environmental title services.  Ah, the nostalgia! Now, our loyal website users understand the origin of our URL, www.netronline.com—where "netr" meets "online."

In order to qualify for CERCLA liability defenses, Users are mandated to delve into title records to uncover environmental liens and activity and use limitations (AULs). Enter ASTM E1527-21, which clarified that research must extend back to 1980.

A couple of years ago, we made the strategic decision to exit the environmental title business—not due to additional requirements, but due to their absence.

The crux lies in the term "Users." It's crucial to note that this responsibility does not fall on the shoulders of environmental professionals. The ASTM Committee's decision to place this burden on Users is seen by us as a missed opportunity to uphold standards effectively.

This raises pertinent questions for consultants: Should non-scope services such as title searches be integrated into their offerings? And if so, how can they strike a balance between providing value and avoiding the perception of upselling?

Furthermore, the assumption that traditional title companies suffice in addressing environmental concerns is flawed. Often, their reports lack the depth required to meet the rigorous standards set forth by ASTM.

Identifying environmental concerns within title documents is akin to finding a needle in a haystack. It is imperative not only to uncover these issues but also to communicate them effectively within the assessment report.

Example: this document is an Access Agreement which provides consent to enter the property for the purpose of testing, assessing and remediating covered contamination existing on the property.  This underscores the importance of marrying environmental industry knowledge with title experience.

Regrettably, the aftermath of E1527-21 has seen a surge in fees without a proportional improvement in report accuracy or the inclusion of environmental title reports in Phase I ESAs.

While our initial goal was to establish a title plant dedicated to environmental title records, our focus has shifted towards enhancing mapping, GIS, aerial imagery, property records and environmental databases. We remain committed to equipping ourselves with the necessary tools to adapt to evolving standards and the needs of our community. While our journey has evolved, our commitment to providing valuable insights remains steadfast.

Back by popular demand, where Environmental Liens are filed and Super Priority Liens Statutes can be found, visit: https://environmental.netronline.com/lien-statutes

Feature Showcase

Today, we're taking a digital stroll down memory lane in the streets of Philadelphia, but in 1994! Our Topographic Map feature now lets you explore the city's contours and landscapes as they were nearly three decades ago.

For researchers, urban planners, or anyone fascinated by Philadelphia's rich history, this is a goldmine! It's not just a map; it's a time capsule that tells a story of urban development, landscape changes, and historical growth. Click here to try it for yourself!

Community Articles Utilizing Historic Aerials Imagery

We are always on the lookout for engaging stories that incorporate our historical aerial photos. Check out this article that delves into the geographical aspects of the site, explaining its solid ground foundation despite lacking direct waterfront access.

Historical imagery is used to illustrate the transformation of the land over the past 60 years due to dredging projects

New Images Added

• Added aerial photo coverage for all of Decatur County Tennessee in the year 1960. View of Decaturville Tennessee in 1960.

• Added aerial photo coverage for all of Pickett County Tennessee in the 1950's (years 1958 and 1959). View of Byrdstown Tennessee in the year 1958.

• Added aerial photo coverage for all of Overton County Tennessee in the year 1958. View of Livingston Tennessee in 1958.

• Added aerial photo coverage for Sullivan County Tennessee in the years 1959 & 1960. A glimpse prior to construction of Bristol Motor Speedway fka Bristol International Raceway and Bristol Raceway a NASCAR short track located in Bristol Tennessee in 1960.

• Added aerial photo coverage for all of Brunswick County Virginia in the year 1958. View of Lawrenceville Virginia in 1958.

• Added aerial photo coverage for all of Unicoi County Tennessee in the year 1960. View of Clinchfield Depot located in Erwin Tennessee in 1960.

• Added aerial photo coverage for all of Charlotte County Virginia in the year 1958. View of Charlotte Court House Virginia a town in and the county seat of Charlotte County, Virginia.

• Added aerial photo coverage for all of Van Buren County Tennessee in the year 1958. View of Spencer Tennessee in 1958.

• Added aerial photo coverage for all of DeKalb County Tennessee in the year 1959. View of Smithville Tennessee in 1959.

• Added aerial photo coverage for all of Nansemond County Virginia in the late 1950's (years 1958 and 1959). This became an extinct jurisdiction as it is now part of the independent city of Suffolk Virginia as seen in the year 1958.

• Added aerial photo coverage for all of Carter County Tennessee in the year 1960. View of Milligan University fka Milligan College located in Elizabethton Tennessee in 1960.

• Added aerial photo coverage for all of Chesapeake Virginia in the year 1958. View of Naval Auxiliary Landing Field Fentress a military airport owned by the U.S. Navy as seen in 1958.

• Added aerial photo coverage for Blount County Tennessee in the years 1959 and 1960. View Maryville College a private liberal arts college located in Maryville Tennessee as seen in the year 1959.

• Added aerial photo coverage for all of Surry County Virginia in the year 1959. View of Surry Virginia in 1959.

• Added aerial photo coverage for all of Johnson County Tennessee in the year 1960. View of Mountain City Tennessee in 1960.

• Added aerial photo coverage for Cocke County Tennessee in the year 1960. View of Newport Tennessee in 1960.

"Through the Lens" Documentary Update

More filming in the works for our Historical Aerial Imagery documentary “Through the Lens!”

We are peeling back the decades to reveal personal stories, unseen photographs, and handwritten notes that have shaped the course of aerial photography.

If you haven’t seen it yet, checkout our teaser trailer on Youtube here.

Connect With Us

We’d love to get to know you! Find us on social media and let us know your favorite city to see through the ages.