Law Seminars International Presents:

A One-Day Advanced Seminar on

Environmental Due Diligence in Real Estate Transactions

Tips and strategies for successfully addressing the potential risk of environmental contamination

January 11, 2017

Los Angeles, CA

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Los Angeles - CA

Intro

Who Should Order

Attorneys, land use, real estate and environmental professionals, lenders, corporate managers, and government officials

Why You Should Order

The explosive growth of environmental regulations in California has expanded the processes, procedures and liability associated with the purchase, sale, development or use of contaminated property and created major changes in the scope of environmental due diligence. This seminar will combine a thorough discussion of environmental due diligence, the methodology, and how the results of due diligence need to be addressed in agreements regarding the sale or leasing of property. You will hear about establishing an "innocent purchaser" defense, allocating responsibility, and buyer/seller/landlord disclosures. Leading consultants will discuss Phase I and Phase II site assessment processes and identify potential legal issues arising from various scientific approaches. You will hear how the new Federal Toxic Substance Control Act (TSCA) will affect California's existing toxic substance regulations as well as the potential CEQA issues that may arise as a buyer pursues development of a property. You will also hear about insurance products that may help to allocate risk in transactions involving environmental issues. And, finally, there will be an hour of ethics that will address issues that arise when introducing regulatory staff into a real estate transaction. This seminar will present valuable insights you will not want to miss.

What You Will Learn

  • Applicability to purchase/sale transactions and in leasing for avoiding unseen liabilities
  • Phase I Site Assessment Process and Phase 2 scientific approaches and tools
  • Federal Toxic Substances Control Act (TSCA) reform and the implications
  • Resolving due diligence issues with regulatory agencies
  • Managing a controversial development project in a social media environment
  • SB 445 and cleanup funding for underground storage tanks
  • The potential for using insurance as a funding source for assessments and cleanups
  • Ethical issues for lawyers that arise when introducing regulatory staff into a real estate transaction

What Attendees Said

  • "Great presentations."
  • "I liked this program because it was indeed advanced. I have attended several other so called "advanced" seminars that were not. I learned a lot."
  • "Excellent information provided in a practical and useful manner"
  • "Impressive collection of presenters!

Agenda

Wednesday, January 11, 2017

8:00 am

Registration Opens

8:30 am

Overview: Environmental Due Diligence in Real Estate Transactions

Applicability to purchase/sale transactions and leasing for avoiding unseen liabilities, establishing an "innocent purchaser" defense, allocating responsibility, buyer/seller/landlord disclosures

Patricia J. Chen, Esq. , Program Co-Chair
PC Law Group / Irvine, CA

Malcolm C. Weiss, Esq. , Program Co-Chair
Hunton & Williams LLP / Los Angeles, CA

8:45 am

The Process and Science of Conducting Environmental Due Diligence

Phase I Site Assessment Process and Phase II scientific approaches and tools

James E. McNally , Principal
Ramboll Environ / Los Angeles, CA

Practical and legal issues arising from application of the science from environmental and developer perspectives

Tiffany Hedgpeth, Esq.
Edgcomb Law Group LLP / Burbank, CA

Practical legal issues arising from application of the science from environmental and developer perspectives

George Ray , Development Consultant
The Charles Company / West Hollywood, CA

10:00 am

Break

10:15 am

Federal Toxic Substances Control Act (TSCA) Reform and How it Relates to Environmental Due Diligence

Update on the changes, including new information about specific chemicals, and how the revisions will affect California's existing toxic substances regulations

Daniel E. Uyesato, Esq.
Hunton & Williams LLP / Raleigh, NC

11:00 am

Resolving Due Diligence Issues with the Regulator

How the regulations are applied; navigating the process; voluntary cleanup program; and institutional controls

Curt M. Charmley , Engineering Geologist
State of California Los Angeles Regional Water Quality Control Board / Los Angeles, CA

11:30 am

Environmental Due Diligence and CEQA

Anticipating CEQA issues as the buyer pursues development of the property

John M. Bowman, Esq.
Elkins Kalt Weintraub Reuben Gartside LLP / Los Angeles, CA

12:15 pm

Lunch (on your own)

1:30 pm

Managing a Controversial Development Project in a Social Media Environment

The dangers of attempting to control social media

Robert M. Johnson, Esq.
Hunton & Williams LLP / Los Angeles, CA

2:00 pm

SB 445 and Cleanup Funding

The Site Cleanup Subaccount Program (SCAP) provides a new funding program for State Water Resources Control Board grants to remediate the harm, or threat of harm, from contamination

Kathryn Dominic , Supervisor
State Water Resource Control Board / Sacramento, CA

2:30 pm

Break

2:45 pm

The Role of Insurance in Environmental Due Diligence: Potential Use as a Funding Source for Assessments and Cleanups

New insurance products on the market to protect against future claims and how they can help make a deal happen; the information that is required to obtain the coverage

Michael Manis , Vice President
Lockton Insurance Brokers, LLC / Los Angeles, CA

3:30 pm

Ethical Considerations for Lawyers

Issues that arise when introducing regulatory staff into a real estate transaction

Douglas Lewis White, Esq. , Managing Partner
Churchwell White LLP / Sacramento, CA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Patricia J. Chen, Patricia J. Chen, Program Co-Chair, is the principal at PC Law Group. She works with both private industry and public agency clients on environmental and land use issues including litigation and transactional matters in the areas of hazardous and solid waste, air quality, water quality, water rights, and land use.

Malcolm C. Weiss, Malcolm C. Weiss, Program Co-Chair, is a partner at Hunton & Williams LLP. He focuses on air quality, climate change, hazardous materials/wastes, California Environmental Quality Act (CEQA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), pesticides and labeling (FIFRA), environmental auditing and transactional due diligence.

John M. Bowman John M. Bowman is a partner at Elkins Kalt Weintraub Reuben Gartside LLP. He specializes in land use law and real estate development and has assisted clients in obtaining government approvals (entitlements) for commercial, industrial, residential, institutional and mixed-use projects throughout Southern California.

Curt M. Charmley, Curt M. Charmley, PG, is an engineering geologist, project manager with the State of California, Los Angeles Regional Water Quality Control Board (Regional Board). Prior to working at the Regional Board, he worked as a project manager for environmental investigations and cleanups for the State of Arizona Department of Environmental Quality (ADEQ) State Lead Unit.

Kathryn Dominic is the Site Cleanup Subaccount Program manager for the State Water Resources Control Board Division of Financial Assistance; she has managed the program since its startup in 2015. She has a wealth of technical and program management experience in investigation and cleanup of contaminated sites across the United States.

Tiffany Hedgpeth Tiffany Hedgpeth is a partner at Edgcomb Law Group LLP. She focuses on environmental litigation relating to contaminated soil, sediment, groundwater and surface water as well as sewage spills and discharge, and has particular experience in breach of contract actions that involve complicated environmental issues.

Robert M. Johnson Robert M. Johnson is a partner at Hunton & Williams LLP. He focuses on commercial real estate and has substantial experience in representing owners and investors in all aspects of acquiring, leasing, and developing office, retail and industrial property throughout the Western United States.

Michael Manis Michael Manis is a Vice President and Account Executive at Lockton Companies. His focus is on Property & Casualty, including an emphasis on energy companies and environmental liabilities. He has developed extensive risk management expertise in a variety of industries including private equity, manufacturing, oil & gas, renewable energy, distribution and retail.

James E. McNally James E. McNally is Principal, Ramboll Environ. He is experienced in real estate due diligence, hazardous waste management, medical waste management, environmental compliance in hospitals, Superfund remedial responses, waste site studies, environmental impact reviews, public hearings and water quality surveys and evaluations.

George Ray George Ray is a Development Consultant for The Charles Company. Previously, he held various positions from Sr. Vice President with Arnold Pacific Properties as well as Vice President of American Stores in charge of new store development for Lucky Stores and Savon Drug stores West of the Mississippi River.

Daniel E. Uyesato Daniel E. Uyesato is a partner at Hunton & Williams LLP. He has worked on international and domestic business transactions with substantial chemical and environmental issues, and has also represented chemical and other industrial clients on chemical and other product regulatory issues and environmental health and safety matters, especially those related to investigation and remediation of contaminated properties.

Douglas Lewis White Douglas Lewis White is the founding and Managing Partner of Churchwell White LLP. His diverse groups of clients range from cities, counties, special districts, and other public agencies to developers, builders, lenders, professional associations, unions and business owners.

Credits

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 6.25 California MCLE credits and 6.5 AICP credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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