Successful Brownfields and Contaminated Sites Transactions:
Getting Complex Environmental Deals Done
Date: Tuesday, January 28, 2014
Format: Live Webinar
Duration: 90 minutes
1:00 PM-2:30 PM Eastern
12:00 PM-1:30 PM Central
11:00 AM-12:30 PM Mountain
10:00 AM-11:30 AM Pacific
Join ABA Section of Environment, Energy and Resources authors Scott Sherman, James B. Witkin, and Amy L. Edwards as they discuss the environmental aspects of a Brownfield Deal. Mr. Sherman will address the challenges presented at complex brownfield sites where both the U.S. EPA and the state environmental agency are involved. This discussion will offer perspectives on strategies for securing closure, including the use of Prospective Purchaser Agreements, voluntary cleanup programs, and creative approaches to agreed orders. Mr. Witkin will continue with a review of current trends in environmental due diligence, including the recent changes to the ASTM E-1527 Phase I Environmental Site Assessment Standard, and the growing emphasis on vapor intrusion in brownfields developments. Ms. Edwards will conclude the discussion with information about institutional controls—what they are, how to identify them during the due diligence process, their role in qualifying the user for any of the Landowner Liability Protections ("LLPs") pursuant to the 2002 Amendments to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), and the Uniform Environmental Covenants Act ("UECA").
Amy L. Edwards, Partner, Holland & Knight LLP, Washington, DC
Scott Sherman, Senior Counsel, Bracewell & Giuliani, Houston, TX
James B. Witkin, Partner, Linowes and Blocher LLP, Bethesda, MD
Jon Schuyler Brooks (Moderator), Partner, Phillips Nizer LLP, New York, NY
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