Redeveloping Environmentally Challenged Property: Federal vs. State Liability Protections, Defenses, Due Diligence
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide practical guidance to in-house real estate and environmental counsel on the similarities and differences between federal and state liability protections available under CERCLA, RCRA, and their state law counterparts; best practices for choosing (where possible) which programs to most effectively limit client exposure; and new options for changing authorities mid-project.
Outline
- CERCLA and RCRA Corrective Action overview
- Latest developments in EPA regulation
- State "mini superfunds" and voluntary cleanup programs overview
- Strategic and practical considerations under various programs
Benefits
The panel will review these and other key issues:
- What are the key differences between CERCLA, RCRA Corrective Action, and state remediation programs?
- When can, or should, a party influence which program governs a cleanup?
- What are the most critical legal, technical, and practical aspects of contaminated site remediation projects?
- How does a purchaser qualify as a bona fide purchaser under CERCLA?
- What happens when state law addresses liability differently than federal law?
- What are the best practices for evaluating which program provides the most robust protections?
- How does a party conduct an "all appropriate inquiry"?
- What are the most pressing emerging issues in environmental due diligence (e.g. PFAS)?
Faculty
David R. Gillay
Partner
Barnes & Thornburg
Mr. Gillay heads the Brownfields and Environmental Transactional Practice Groups and provides environmental counseling... | Read More
Mr. Gillay heads the Brownfields and Environmental Transactional Practice Groups and provides environmental counseling in connection with assessing environmentally challenged properties. Over the last decade, David has focused on the legal, regulatory, and technical impact and implications related to the vapor intrusion pathway. He also represents an influential multi-state environmental consultants’ association and works closely with leading technical experts on a wide array of environmental matters, including rapidly evolving vapor intrusion guidance. Prior to joining Barnes & Thornburg, he obtained an advanced environmental engineering degree and practiced as an environmental consultant on various projects across the country.
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Charles B. Howland
Partner
Curtis Mallet-Prevost Colt & Mosle
Mr. Howland is head of the firm’s Environmental Group; co-leads its hydrogen practice; and has an active... | Read More
Mr. Howland is head of the firm’s Environmental Group; co-leads its hydrogen practice; and has an active renewable energy-focused practice. During his 28 year tenure at EPA he worked at the intersection of land cleanup and energy development, and spent his last four months at the Agency in 2018 in the Agency’s Office of Enforcement and Compliance Assistance, working on Superfund Task Force implementation. Mr. Howland’s work focuses on providing practical advice in the acquisition and sale of facilities and the redevelopment of brownfield sites; regulatory issues associated with renewable energy projects; counselling, enforcement, and litigation matters involving facility cleanups under federal and state laws; risk management plan preparation and emergency release/spill reporting; crafting real estate and other commercial transactions to address environmental concerns; and helping businesses identify ways to advance their operations in accord with national and international sustainability initiatives. Mr. Howland is nationally known for his work helping to facilitate the development of renewable energy projects on environmentally impaired land.
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Wyatt Kendall
Partner
Morris, Manning & Martin
Mr. Kendall focuses his practice on brownfield redevelopment and urban renewal projects and routinely advises... | Read More
Mr. Kendall focuses his practice on brownfield redevelopment and urban renewal projects and routinely advises local and national industrial, multi-family, mixed-use, and retail clients on the acquisition, development, disposition, management, and financing of properties with significant environmental issues and properties within urban and industrial areas across the country. He also represents corporate and lending clients on environmental issues in the context of a host of corporate transactions, including mergers and acquisitions. Mr. Kendall is knowledgeable in all aspects of the federal Superfund law and its state equivalents and has expertise across the country in state voluntary cleanup programs, underground storage tank programs, environmental due diligence, environmental compliance, wetlands/water permitting, and emerging environmental issues such as vapor intrusion, PFAs, and environmental justice.
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