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

Environmental Transactions and Brownfields


Featured Teleconference

ASTM 1527-13 and Vapor Intrusion: A View From the Trenches


You can listen to the program here.

Program Description:

This Committee call will hear from the Chair of the ASTM Committee that drafted the new 1527 standard. Hear what was the driving force behind the changes. Our second speaker developed vapor intrusion guidelines for the North Carolina Brownfields Program and was on the team that drafted similar guidelines for the NC Division of Waste Management. He will provide information on new developments and trends in vapor intrusion assessment and mitigation.

Speakers:

  • Julie H. Kilgore is President of Wasatch Environmental, an environmental science and engineering firm based out of Salt Lake City, Utah. She has 20 years of experience in environmental assessment, investigation, remediation, and regulatory agency coordination. Kilgore is the immediate past chair of Committee E50 on Environmental Assessment, Risk Management, and Corrective Action. Kilgore also chairs the task group responsible for developing the revisions to E 1527, Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, and served on the ASTM International Board of Directors. She was appointed by EPA as one of the environmental professional representatives on the regulatory negotiation Federal Advisory Committee to assist EPA in developing the federal All Appropriate Inquiry regulation that ultimately adopted by reference the ASTM E1527-05 standard practice. In addition to ASTM International, Kilgore has been involved in the Environmental Affairs Committee of the Salt Lake Chamber of Commerce, and the Envision Utah Brownfields Task Force. Kilgore received her Bachelor of Science degree in Environmental Management from Westminster College (Summa Cum Laude) and her MBA from the University of Utah.
  • William Service, Environmental Toxicologist, Mid-Atlantic Associates, Raleigh North Carolina.
    Will served as program toxicologist for the NCDENR Brownfields Program for four years prior to coming to Mid-Atlantic in July, 2012. At DENR he had responsibility for review of risk evaluation for all projects moving through the Brownfields program. Will developed guidelines for vapor intrusion assessment and mitigation for the Brownfields program and reviewed all projects for compliance with the guidelines. Since coming to Mid-Atlantic he has enhanced MAA’s solution-oriented approach to vapor intrusion projects and has brought new capacity for risk assessment. Mr. Service has more than 20 years of experience in environmental epidemiology with the NC Division off Public Health where he did risk assessment and risk communication for complex environmental exposure scenarios including 14 years in indoor air quality. He is an experienced teacher and risk communicator and served as an adjunct faculty member at the UNC School of Public Health where he taught “Disaster Epidemiology”, “Crisis and Emergency Risk Communication” and other courses.

Program Materials:

Vapor Intrusion Trends and Developments by William Service

Phase I Environmental Site Assessment Standard Practice Update by Julie H. Kilgore

Questions:
Eugene P. Schmittgens Jr.- Programs Vice Chair
Evans & Dixon, L.L.C.
mgschmittgens@evans-dixon.com

Matthew E. Cohn – Programs Vice Chair
Arnstein & Lehr L.L.P.
mmecohn@arnstein.com

Committee Description




The ETAB Committee works on environmental issues that arise in business, energy or real estate transactions, including M&A deals, asset-based transactions, fossil and renewable energy projects, and remediation and redevelopment of brownfields. Substantive areas include: liability protection, transfer and apportionment; parent/successor liability; lender liability; insurance; incentive programs (e.g., VCPs, BCPs, S-RECs, TIFs); deal structure and finance.

Call for Newsletter Articles



Fellow ETABers:

This is to solicit from you examples of your sterling writing for our next newsletter, which we’re hoping will hit the e-street by this summer. Anything in the realm of environmental transactions and brownfields is fair game. You know you’ve been itching to share your knowledge re: the latest developments in these arenas with your peers; here’s your big chance. Our newsletter has a wide circulation: ETAB’s circulation list now boasts 456 members, and links to the past month's SEER Committee newsletters are included in the monthly Section e-news, which is distributed to Section members. ‬Plus‪, recent Committee newsletters are listed on on the Section's homepage, printed copies are displayed at Section programs such as the Spring and Fall conferences, and‬ links to Committee newsletters are posted on the‪ Section’s Facebook and Twitter accounts, and sometimes to the Section’s LinkedIn discussion group. Republication of articles first published elsewhere is not ‬encouraged‪, but is certainly an option. The better we inform each other, the better practitioners we'll be (not to mention the glory that will envelop you for publication in such a periodical). To give you a sense of what’s been covered, here’s a list of our newsletter topics going back to December 2012:‬

‪New ASTM Standard Practice for Phase I Site Assessments‬
‪The North Carolina Brownfields Program‬
‪What Is So Great About a “No Further Remediation” Letter Anyway?‬
‪Indemnity Provisions for Environmental Liability: The Devil Is in the Contractual Details‬
‪CERCLA Owner Liability for Tenants—EPA Clears the Air‬
‪Uncertainty over Potential Vapor Intrusion Complicates Closing Transactions Current Topics in Brownfield Development‬
‪About-Face: How An Environmentally Conscious Northeast State Has Moved One Giant Step Closer to Becoming a Metallic Mineral Mining State‬
‪10 Fundamental Things You Should Know About Vapor Intrusion Health Risk Assessment‬
‪Selling “As Is” in a Contaminated World‬

‪Should you feel the slightest tickle in your word processing trigger finger to submit something, please don't hesitate. Contact us at tdoyle@pierceatwood.com, lhoward@babstcalland.com and rob@attybryanbrice.com. We look forward to hearing from you.‬

‪Your co-editors,‬
‪Tom Doyle, Lindsay Howard, Rob Gelblum‬


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Modified by Romeo Talento on June 18, 2014

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