American Bar Association
Environmental Transactions and Brownfields  
American Bar Association Energy and Resources Committees

Environmental Transactions and Brownfields


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Vol. 20, No. 1, March 2018

In this issue:

Message from the Chairs
Anne Viner and Gene Schmittgens...1

Down South and Dirty—Brownfields Programs in the Region 4 States
Richard E. Glaze Jr. and Amy Benschoter...3

Federal and State Brownfields Legislation 2016–2017
Thomas A. Utzinger...8

Why ETAB Lawyers, and Our Clients, Need to Care About ASTM Standards—and to Get Actively Involved
Amy L. Edwards...13

Environmental Justice and Federal Land Transactions—Implications of the Environmental Justice Act of 2017
Scott Wilson Badenoch Jr....14

Vol. 19, No. 2 - May 2017

In this issue:

Message from the Chair
Gene Schmittgens, Esq....1

Could Trump Be Catalytic for Brownfield Redevelopment?
Todd S. Davis, Esq....4

Making Brownfields Great Again: An Executive Branch Strategy to Revitalize “Rusted-Out Factories” and Support Community Redevelopment
Scott A. Sherman, Esq....6

Innovative Remediation Strategies at Redevelopment Sites
Anne E. Viner, Esq., and Timothy Adams, PG...9

The Massachusetts and New York State Brownfields Tax Credit Programs: What Works and What Doesn’t
Meaghan Colligan, Esq., and Ned Abelson, Esq....12

 Vol. 19, No. 1 - December 2016 

Joint issue with the Environmental Disclosure Committee

In this issue:

Message from the Chairs
Peter Gioello, Jr., Esq. and Eugene Schmittgens, Esq....1

Calling It In: When to Report and Remediate “Minor” Environmental Contamination
Alison Torbitt and Andrew Lojo, P.G....3

The Bright Program™: A Convening and Research Initiative of the Environmental Law Institute
Scott Wilson Badenoch Jr., Esq....8

The New TSCA: Greater Certainty for Safer Chemicals
Jessie M. Kneeland, Ph.D., Jiaru Zhang, M.P.H., and Ari S. Lewis, M.S....11

Mid-2016 Snapshot of Greenhouse Gas Regulatory Disclosures
Thomas A. Utzinger, Esq....15

Vol. 18, No. 1 - April 2016 

In this issue:

Message from the Chair
Pamela K. Elkow...1

Buyer and Seller Litigate Whether Costs in Response to PRP Letter Are Indemnified Losses from Actions “Required” by Environmental Law
Donna Mussio and Mary Beth Phipps...3

Too Toxic? The Challenge of Non-Statutory Environmental Liability at Brownfields Sites
Amy L. Edwards...7

When Is a Foundation a Required Remedial Cover System in Brownfield Redevelopment?
Linda Shaw...12

Vol. 17, No. 3 - August 2015 

In this issue:

Message from the Chair
Pam Elkow...1

New York Adopts Sweeping Changes to Brownfield Cleanup Program
Lawrence Schnapf...3

Finding Common (Contaminated) Ground: The Oregon Brownfields Coalition
Douglas C. MacCourt...7

Top Ten Tips for Client Counseling on Phase I Environmental Site Assessments
Kathleen Whitby and Andrew Brought...11

CERCLA and Contractual Indemnity Subrogation: Did the Ninth Circuit Get It Wrong in Chubb?
John D. Edgcomb and Tiffany R. Hedgpeth...14

Thumbnail Guide to Negotiating Agreements and Settlement Disputes Involving Environmental Issues
Barry J. Trilling...18

Vol. 17, No. 2 - March 2015

In this issue:

Message from the Chair
Pam Elkow...1

Approaches to Environmental Due Diligence in a Competitive M&A Market
Peggy Otum and Sarah Greer...1

Don’t Skip the Credits: The Oft-Overlooked Importance of Air Emission Credits in Mergers and Acquisitions
Michael Scott Feeley and Aron Potash...6

As Urban Agriculture Expands, Can Cities Manage Health Risks from Contaminated Soils?
Thomas P. Redick...10

Basics of Appraising Contaminated Property
Orell C. Anderson, MAI...14

Vol. 17, No. 1 - October 2014

In this issue:

Welcome from the Chair
Pamela K. Elkow…1

When Environmental Disasters Strike: How to Plan for and React to Catastrophic Events in Order to Minimize Liabilities and Facilitate Insurance Recovery
Wm. Chip D’Angelo, Erica J. Dominitz, and Chad Salsbery…3

Overcoming the Impacts of Brownfields in Arizona
Misty A. Sims…7

The BUILD Act: Building a Stronger Future for Brownfield Redevelopment
Bennett Resnik…9

Reopening the Maine Indian Claims Settlement Act of 1980
Matthew D. Manahan…11

Vol. 16, No. 1 - February 2014

In this issue:

Message from the Chair
Jon Schuyler Brooks…1

New ASTM Standard Practice for Phase I Site Assessments
Scott D. Hubbard, Esq..3

The North Carolina Brownfields Program
Robert R. Gelblum, Esq...6

What Is So Great About a “No Further Remediation” Letter Anyway?
Matthew E. Cohn, Esq….10

Vol. 15, No. 2 - June 2013

In this issue:

Message from the Chair
Jon Schuyler Brooks…1

Indemnity Provisions for Environmental Liability: The Devil Is in the Contractual Details
Summer L. Nastich, Esq. and Diane R. Smith, Esq.…3

CERCLA Owner Liability for Tenants—EPA Clears the Air
Kenneth F. Gray, Esq., Mark E. Beliveau, Esq., and John M. Formella, Esq.…6

Uncertainty over Potential Vapor Intrusion Complicates Closing Transactions
Todd C. Fracassi, Esq., Thomas P. Wilczak, Esq., and Andrea E. Hayden, Esq.…8

Vol. 15, No. 1 - December 2012

In this issue:

Current Topics in Brownfield Development
Mikkel R. Anderson, P.E., and Christopher G. Foster…1

About-Face: How An Environmentally Conscious Northeast State Has Moved One Giant Step Closer to Becoming a Metallic Mineral Mining State
Thomas R. Doyle, Matthew D. Manahan, and Avery T. Day…5

3-Point Play Saves Site
Kelly Frasco and Will Moody…9

10 Fundamental Things You Should Know About Vapor Intrusion Health Risk Assessment
Paul Damian PhD, MPH, DABT…11

Selling “As Is” in a Contaminated World
William H. Locke Jr….14

Vol. 14, No. 1 - March 2012

In this issue:

Message from the Chair
Rebecca Wright Pritchett...1

Meeting CERCLA Liability Protection Requirements: Grantees to Be Held More Accountable Under EPA's Brownfields Assessment Grant Program
Zachary Simmons...3

Issues in the Valuation of Brownfields
Thomas O. Jackson, Ph.D., and Stephanie Norwood...5

Liability Relief for Purchasers of Contaminated Sites: Connecticut's New "Act Concerning Brownfield Remediation and Development as an Economic Driver"
Barry J. Trilling...10

Vol. 13, No. 2 - July 2011

In this issue:

Counterpoint on the New ASTM Phase II Environmental Site Assessment Standard: A Flexible and Adaptable Due Diligence Tool
Christopher P. McCormack...1

A Decade (Almost) of Liability Protection Under the Brownfields Amendments
Christopher B. Amandes and Julie C. Rinne...5

Federal Courts Issue First Interpretations of BFPP Defense
Scott D. Hubbard...8

Lust for Energy: Will Leaking Underground Storage Tank Petroleum Brownfields Make Attractive Sites for Renewable Energy Facilities?
Joel Davidson...12

Vol. 13, No. 1 - January 2011

In this issue:

Message from the Chair
Rebecca Wright Pritchett...1

Pennsylvania?s Marcellus Shale Play
Kevin J. Garber and Lisa M. Bruderly...3

2010 Update: Insurance for Environmental Transactions and Brownfields
James R. Arnold...7

Proposed Changes to ASTM Phase II Due Diligence Standard Would Dramatically Increase the Time and Cost for Completing Environmental Due Diligence
Amy L. Edwards...10

Phase I Site Assessments Are Not for Brownfields
Dennis Waslenchuk, PhD...13

There?s Got to Be a Better Way: Satisfying the Public Participation Requirements of the NCP in the Internet Age
Summer L. Nastich, Maxy Rush Otuteye, and Diane R. Smith...15

Vol. 12, No. 2 - March 2010

In this issue:

Message from the Chair
Amy L. Edwards...1

Brownfields Redevelopment and Grants for Indian Tribes
Connie Sue M. Martin...2

New Jersey?s LSRP Program: An Environmental Consultant?s Perspective
Robert P. Blauvelt, PG, CHMM...6

Indiana Adopts Risk-Based Approach to Remediation
Norman R. Newman...8

Vapor Intrusion Assessments: Considering Sources of VOCs in Indoor Air
Denise Kmetzo...10

Vol. 12, No. 1 - December 2009

In this issue:

Message from the Chair
Amy L. Edwards...1

U.S. Supreme Court Narrows Arranger Liability, Superfund Liability Not Necessarily Joint and Several
Lisa A. Decker...l2

What?s the Deal with All These ASTM Standards? What Every Transactional Attorney Needs to Know
Amy L. Edwards...5

New Jersey Revamps Site Remediation Program
Richard J. Ericsson...7

Carbon Sequestration: Are the Risks Manageable?
Tom Swartz...9

Join Section Efforts to Plant One Million Trees by 2014?12

Vol. 11, No. 1 - February 2009

In this issue:

Message from the Chair
Amy L. Edwards...1

Environmental Insurance in the Wake of the AIG Bailout
Samantha R. Corson and Curtis B. Toll...1

EPA?s Audit Policy: New Incentives for New Owners
Fred R. DeLeon, Jr and Rebecca Wright Pritchet...5

Lending Goes Green?What Non-Energy-Sector Borrowers Can Expect in the Future
Sally A. Longroy and Kate Glaze...8

Continuing Obligations and Reasonable Steps under AAI
Joseph L. Kesling and Michael W. McLaughlin, P.E....11

Vol. 10, No. 2 - July 2008

In this issue:

Green Building Laws
Lisa Wing Stone...1

The New ASTM Vapor Intrusion Standard: Buyer Beware
Benjamin C. Grawe and William P. Scott...6

Implementing the Uniform Environmental Covenants Act?Working in the Trenches
Kenneth F. Gray...9

Environmental Liabilities?How to Better Understand Them Through Monte Carlo Analysis
Reeva I. Schiffman, J.D., MSL, Elizabeth Delaney, and Barbara Thomson...10

Vol. 10, No. 1 - February 2008

Message from the Chair
Richard Ericsson...1

Environmental Liability Transfer Projects: A Seller?s/Owner?s Perspective
Dean A. Calland...1

Environmental Liability Transfer Projects: A Buyer?s Perspective
Mike McCartney...5

Environmental Insurance: Insurance as a Means of Transferring Risks in Environmental Liability Transfers
Tanya C. O?Neill...8

Is It Hot in Here? Practical Pointers for Climate Change Disclosure
Loyti Cheng and Heather Daly...12

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