Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings, Fourth Edition
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Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings, Fourth Edition

Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings, Fourth Edition
Product Code: 5350206
Editor: James B. Witkin
Publication Date: March 31, 2011
ISBN: 978-1-61632-911-2
Page Count: 832
Trim Size: 7 x 10
Sponsoring Entities: Section of Environment, Energy, and Resources, Section of Real Property, Trust and Estate Law
Topics: Energy & Natural Resources Law, Environmental Law, Real Estate Law
Format: Book - 5350206
Other Formats: eBook - 5350206EBK
Pricing: $199.95 (Regular)
$169.95 (Section of Environment, Energy, and Resources) ABA Members, Log in now to receive this discount!
$169.95 (Section of Real Property, Trust and Estate Law) ABA Members, Log in now to receive this discount!
Quantity:
 
Purchase 5-24 and save 10%
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About Environmental Aspects of Real Estate and Commercial Transactions

This comprehensive guide examines the issues, problems and pitfalls involved in the intersection of real estate, business, and environmental law. A unique and practical resource, this updated fourth edition of Environmental Aspects of Real Estate and Commercial Transactions covers the entire range of environmental issues that arise when real estate is developed, operated, sold, or financed.

Edited by James B. Witkin, the chapters in this compendium are written by a team of accomplished real estate, environmental, tax, land use, and business lawyers and technical experts, in private practice, corporations, government, and law schools. All chapters have been substantially revised to reflect changes in law and practice. The clearly written, detailed, and timely chapters cover all aspects of the environmental issues that must be considered in the purchase, sale, or finance of office, retail, manufacturing, or multifamily properties. The book's 29 chapters are organized into five parts for quick access to pertinent information:
  • Part I: Basic issues of environmental liability -- both statutory and under the common law. These chapters deal with the critical issue of lender liability, environmental disclosure requirements and criminal environmental liability.
  • Part II: Environmental due diligence. Covers the environmental audit process, the role of environmental consultants, and the science necessary for understanding consultants' reports.
  • Part III: Environmental matters in the transactional and business context. Includes chapter on how deals are structured and documented to allocate environmental risks, landlord-tenant environmental issues, tax issues related to environmental clean-ups, environmental disclosures under securities laws, and environmentally related bankruptcy issues. This part also features chapters on brownfields, institutional controls often used at brownfields sites, and environmental insurance.
  • Part IV: The most common environmental problems affecting developed properties. Topics include underground storage tanks, asbestos, lead-based paint, indoor air pollution, and mold.
  • Part V: Environmental problems that arise in the land development process. Chapters focus on wetlands, endangered species, stormwater issues, the constitutional "takings" implications of environmental laws, environmental justice, conservation easements, environmental issues related to the development of former military bases, and the emerging topic of smart growth.
What Others Are Saying...

"This book is a valuable resource to practitioners dealing with issues at the intersection of environmental and real estate law. Now in the fourth edition, the book has an up-to-date discussion of the evolving business and regulatory concerns with real estate liability and transactions. Part I discusses environmental liability for owners as well as lenders and fiduciaries. Part II covers environmental due diligence in transactions, including the ASTM standards, the due diligence defense, and working with environmental consultants. Part III discusses issues in structuring transactions, including allocating environmental liability, brownfields development, institutional controls, tax, bankruptcy and insurance issues. Part IV tackles the important issue of how to deal with the results of an audit, with specific chapters on underground storage tanks, asbestos, lead-based paint, vapor intrusion, and mold. Finally, Part V deals with important environmental laws that may affect land development, including regulatory takings, wetlands, the Endangered Species Act, environmental justice, conservation easements, and smart growth. This is a comprehensive book that will be useful to any environmental lawyer who deals with transactions involving property, landowner liability or land use issues."

Theodore L. Garrett
Covington & Burling LLP, Washington, D.C.
Past Chair, ABA Section of Environment, Energy and Resources

"Edited by Jim Witkin and contributed to by a star cast of environmental experts, this is just what any lawyer would want as a quick but thorough reference to the challenges and perils of environmental law relating to real estate. The thorough, in-depth analysis of environmental laws, rules, regulations and case law is a must-have shelf book for every lawyer in a commercial transaction confronted with potential environmental issues."

Morton P. Fisher, Jr.
Ballard Spahr, LLP, Baltimore, MD
Past Chair, ABA Section of Real Property, Trust and Estate Law
More Information

Summary of Contents PDF
Contents PDF
About the Editor PDF
About the Contributors PDF
Introduction PDF


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