Attorneys, real estate professionals, business executives, environmental consulatants, and upper-level managers in financial organizations and insurance companies.
You are about to purchase a parcel of real property and you want to qualify as a bona fide prospective purchaser (BFPP) who is protected from potential Superfund liability. You have conducted "all appropriate inquiries" (AAI) in accordance with EPA regulations (40 CFR Part 312) or ASTM E1527-05. Although the AAI report may have identified some contamination on the property, you are prepared to go forward with the deal. It's time to arrange your financing, and at closing, you become the proud owner of this property. You now have BFPP status, and you are done -- nothing more to worry about, right? Wrong!
When Congress passed the Brownfields Amendments to CERCLA in 2002, it directed the US Environmental Protection Agency (EPA) to issue regulations spelling out the due diligence inquiries that a prospective purchaser must conduct before acquiring the property. But Congress prescribed a host of additional requirements, which EPA later coined "continuing obligations," that the new property owner must satisfy to retain BFPP status. Unfortunately, many of these requirements are hardly models of statutory clarity. Unlike the rulemaking assignment given to EPA for pre-acquisition due diligence, EPA plays no role in defining post-acquisition continuing obligations through rulemaking. If the new property owner makes a mistake, he risks losing his Superfund liability protection.
In this one-hour TeleBriefing, our distinguished panel of legal and industry experts will introduce you to a guide recently published by ASTM International, Inc. (ASTM E2790-11) aimed at providing you with a step-by-step approach for protecting your eligibility for Superfund liability relief by satisfying the "continuing obligations" of a property owner seeking to qualify for BFPP status. Each of the panel members actively participated in drafting this ASTM guide.
~ William R. Weissman, Esq., Moderator
Introduction; The Brownfields Amendments to CERCLA; balancing environmental protection and incentives for redeveloping Brownfields properties; what are the new property owner's "continuing obligations"?
William R. Weissman, Esq., Moderator
Venable / Washington, DC
Guidance and case law on satisfying "continuing obligations"; exercising appropriate care/taking reasonable steps; practical steps for satisfying "continuing obligations" using the new ASTM guide (E2790-11)
J. Michael Sowinski, Jr., Esq., Vice President, Environmental Protection Services
Terradex Inc. / Palo Alto, CA
Complying with institutional controls and land use restrictions obligations under the Brownfields Amendments
Amy L. Edwards, Esq.
Holland & Knight LLP / Washington, DC
$125 to dial in
$175 to dial in and receive continuing education credit
$50 for each additional person on the line who wishes to receive credit
Financial aid is available to those who qualify. Contact our office for more information.
You may substitute another person at any time. If you are unable to join the call, you can download the audio and materials later or we'll send you an audio CD and written materials for an additional $10.
This TeleBriefing qualifies for 1.0 Washington CLE credit. For CLE credits in other states:
We will apply for credits in the following states: AK, AL, AZ, AR, BC, CA, GA, IL, IN, KS, LA, ME, MN, MO, MS, NC, ND, NE, NM, NV, NY, OR, PA, RI, SC, TN, TX, UT, VA, VT, WI, WV, and WY
You can self-apply for credits in: CO, FL, HI, ID, MT, NJ, and OK.
CLE credits currently are not available in: DE or OH.
If you need other types of credits, please call.
The dial-in number and a link to the materials will be emailed to you the day before the TeleBriefing. All orders are processed within one business day of receipt.
You may download the entire audio and materials for $125 or obtain an audio CD and printed materials for an additional $10. Both options include the written materials. Downloads are available within 48 hours after the TeleBriefing or from the date we receive payment. We will ship a CD order via UPS ground within two weeks after the TeleBriefing or from the date we receive payment.
William R. Weissman, partner at Venable LLP in Washington, DC, focuses his practice on representing clients before government agencies, with an emphasis on environmental regulations, legislation and litigation. Mr. Weissman has been counsel to a consortium of electric utilities and trade associations for more than 30 years. He is experienced in addressing compliance and enforcement issues arising under the Resource Conservation and Recovery Act (RCRA); Clean Water Act (CWA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund); Surface Mining Control and Reclamation Act (SMCRA); and the Toxic Substances Control Act (TSCA). He has litigated more than 50 cases before various federal and state courts, including the U.S. Supreme Court. Mr. Weissman began his career as a trial attorney at the U.S. Department of Justice.
Amy L. Edwards is a partner in the Public Policy & Regulation Group at Holland & Knight LLP, where she serves as co-chair for the firm's national Environment Team as well as its Military Installation Redevelopment Team. Ms. Edwards focuses on environmental and energy law and routinely counsels developers, lenders and corporations about effective strategies for structuring real estate and corporate transactions to minimize environmental and financial risk. She represents local governments, developers, and financial institutions on base closure and privatization of military housing issues, and has also represented companies in litigation and enforcement proceedings. Ms. Edwards was an observer/advisor to the National Conference of Commissioners on Uniform State Laws while it developed a model Uniform Environmental Covenants Act. She has represented real estate developers, corporations and financial institutions on environmental issues associated with real estate, including environmental site assessments, environmental insurance, energy benchmarking, carbon offsets, guaranteed fixed price remediation options, environmental indemnification agreements, cleanup requirements (including the use of engineering and institutional controls), renewable energy power purchase agreements (PPAs), and vapor intrusion and cost recovery issues. She has provided extensive risk management advice on protective risk-based cleanups at brownfields sites being reused for commercial or residential purposes.
Michael J. Sowinski, Jr., Vice President, Environmental Protection Services for Terradex, Inc., brings nearly 20 years of engineering and legal experience on environmental cleanup, environmental compliance, property redevelopment, and pollution control (i.e., CWA, RCRA) and is an expert in the niche area of "institutional controls" and long term stewardship. Prior to joining Terradex, Mr. Sowinski practiced environmental law where he advised and litigated on behalf of local governments and private clients on cleanup, institutional controls, brownfield, water pollution, land use, and other environmental matters. His experience also includes environmental consulting for federal and state environmental agencies, as well as private clients, on environmental cleanup and compliance matters, ranging from broad-scale program advising on cleanup program and long term stewardship issues, to site-specific brownfield redevelopment, cleanup, water pollution, and environmental compliance matters. He is a leading member of ASTM's "Continuing Obligation" task group.