Identifying, Quantifying, Contractually Allocating, and Insuring Against Environmental Liabilities and Obligations: Environmental 101 for Transactional Lawyers
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review both traditional and evolving environmental insurance products (e.g., pollution legal liability, cost cap, and excess of indemnity), escrows, contractual liability transfers, and other tools in the context of the cleanup and/or transfer of contaminated properties.
Outline
- Use of environmental insurance and other risk transfer tools to support fixed-price cleanups and purchases/sales of contaminated properties
- Why use
- When to use
- How to use
- Advantages and disadvantages
- Mechanics of tools
- Lessons learned
Benefits
The panel will review these and other key issues:
- How can costs be best quantified and fixed?
- How can costs be best reduced?
- How can cleanup quality be best improved?
- What are the opportunities (and best means) of negotiating and scripting favorable language in policies, escrows, and other risk management tools?
- What are the challenges and pitfalls of using the various tools?
Faculty
Lawrence P. (Larry) Schnapf
Principal
Schnapf LLC
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and brownfield... | Read More
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and brownfield transactions; commercial financing including asset-based lending, syndicated loans, mezzanine loans and distressed debt; and bankruptcy, workouts and corporate restructuring. He has extensive experience with brownfield redevelopment and financing, including representing affordable housing developers and assisting local development corporations or not-for-profit organizations with their brownfield planning programs. Mr. Schnapf also counsels clients on environmental, represents clients in federal and state environmental litigation, enforcement actions, administrative proceedings and private cost recovery actions. He is a past Chair of the Environmental Law Section of the NYSBA, Co-Chair of the NYSBA brownfield task force, and former Co-Chair of the NYSBA Hazardous Site Remediation Committee. Mr. Schnapf is a past Chair of the ABA Section of Business Law Committee on Environmental, Energy and Natural Resources Law and a Vice Chair of the ABA Section of Environment, Energy and Resources. He has also served on a number of ASTM Task Groups, including Chair of the legal subcommittee for the ASTM E1527 task force responsible for the 2013 and 2021 revisions to ASTM E1527 phase 1 standard and was Co-Chair of the legal sub-committee for the ASTM Vapor Intrusion Task Group.
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William J. Squires, III
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Mr. Squires counsels corporations, developers, manufacturers, private equity firms, lenders, and individuals in... | Read More
Mr. Squires counsels corporations, developers, manufacturers, private equity firms, lenders, and individuals in litigation, transactional, and regulatory settings. He represents clients in disputes under state and federal law pertaining to releases of oil and hazardous materials — including PFAS and other emerging contaminants — and works closely with environmental consultants, Massachusetts licensed site professionals, engineers, risk assessors, geologists, and other experts in responding to such releases. Mr. Squires represents clients in state and federal courts and regularly appears before regulatory agencies and municipal boards.
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