American Bar Association
 
Environmental Transactions and Brownfields

Environmental Transactions and Brownfields


Hot News

Once a month, ETAB posts “Hot News” related to our practice area. Hot News is distributed through our committee listserv and LinkedIn page, and includes case law developments, proposed and final regulations and statutes, projects, proposals, law journal articles, and news articles. Please feel free to email the Vice Chairs if you have any feedback or suggestions: Meaghan Colligan, Maxine Segarnick, or Andrew Fowler. Click on the links below to find Hot News for each Region.

September 2017

Federal News | Region 1 | Region 2 | Region 3 | Region 4 | Region 5 | Region 6 | Region 7 | Region 8 | Region 9 | Region 10

Special Edition

EPA’s Superfund Task Force makes 42 recommendations to restructure Superfund program
Superfund Task Force, Superfund Task Force Recommendations, July 25, 2017
Summary by Kristen Kortick

In response to Scott Pruitt’s May 22, 2017, request for regulatory changes EPA could make without legislative input, the Superfund Task Force laid out its vision:

  • To expedite remediation (Goal 1):
    • establish an Administrator’s top ten list,
    • direct resources toward sites that have languished on the Superfund list for five years or more, and
    • streamline remedy review authority for nationwide consistency.
  • To resuscitate stagnant sites where potentially responsible parties (PRPs) are already identified (Goal 2):
    • conduct optimization reviews,
    • implement early response actions where necessary, and
    • finish sites near completion for removal from the action list.
  • To capitalize on third party investments in cleanups (Goal 3):
    • publicize site information to increase public visibility,
    • engage neighboring communities in reuse opportunities,
    • enter into site-specific agreements with third party investors,
    • utilize environmental liability transfer for financing, and
    • work with PRPs to integrate reuse into cleanup.
  • To promote redevelopment and community revitalization on sites in the investigation or assessment stages (Goal 4):
    • utilize conceptual site model technologies,
    • increase access to technical resources,
    • promote adaptive management, and
    • clarify groundwater cleanup goals.
  • To further develop stakeholder relationships (Goal 5):
    • open communication with stakeholders,
    • grow input and feedback from stakeholders,
    • priority focus on federal industry partners, and
    • jointly identify barriers to success.

Additionally, the task force recommended that the EPA specifically engage PRPs by reducing oversight costs for cooperative PRPs, increasing adherence to deadlines, utilizing enforcement actions to get work underway, and streamlining dispute resolutions. As a follow-up to the task force’s report, Administrator Pruitt prioritized 11 recommendations effectively immediately and outlined them in his memo released on the same day.

Hot News Archives

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Message From the Chair




Message From the Chair


Welcome to the webpage of the Environmental Transactions and Brownfields Committee, or, because we are all environmental lawyers and we love acronyms, ETAB.

ETAB is a dynamic committee made up of a wide range of environmental practitioners. We concentrate “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: pre-purchase due diligence, post-closing obligations, liability protection, transfer and apportionment; parent/successor liability; lender liability; insurance; incentive programs (e.g., VCPs, BCPs, S-RECs, TIFs); deal structure and finance.” This is all pretty typical stuff.

However, this year, we have three specific goals for the committee. These include tracking the Brownfields Reauthorization/Amendment which is currently being considered at Federal level, as well as the various State program changes which encourage development. To the extent we are able, we want to make sure our experienced ETAB attorneys are able to chime in on the changes to be discussed.
In addition, we will spend time comparing State and Local programs which encourage Brownfields development. We all learned that sometimes it is better to borrow a good idea then try to create your own. So, this makes sense to us to see what the jurisdictions in which we don’t practice are doing to see how that might apply in the jurisdictions in which we do practice.

Finally, it seems the topic of pre-closing issues has been beaten to death. Therefore, we are going to think more about post-Closing issues at Brownfields sites. With the lack of case law on these issues, we thought it might be prudent to draw on the expertise of our membership to try to sort through those issues.

We hope to get this information out to the membership of our committees through the various technologies available to us (committee calls, webinars, articles in the newsletter, proposals for our conferences and on our monthly hot topics e-blast. Well, that’s our plan anyway.

That said, we always welcome your thoughts and comments on what matters to you and what you want to hear more about. Let us know what we can do to make this webpage and membership in ETAB more useful to your practice. Our leadership committee is here for you. While we have great ideas, that does not mean we have all the best ideas. There is an old Chinese proverb that says, “Tell me and I’ll forget; show me and I may remember,; involve me and I’ll understand.” We hope you will all join us as we work together to try to make our Committee the best.

Our emails are gschmittgens@dfrglaw.com and aviner@corporatelawpartners.com. Thanks for being part of our Committee, for checking out our page and letting us know what we can do better.

Anne Viner and Gene Schmittgens
Co-Chairs, Environmental Transactions and Brownfields Committee
ABA Section of Environment, Energy, and Resources


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 fuel and renewable energy projects, and remediation and redevelopment of brownfields. Substantive areas include: pre-purchase due diligence, post-closing obligations, liability protection, transfer and apportionment; parent/successor liability; lender liability; insurance; incentive programs(e.g.,VCPs,BCPs,S-RECs,TIFs);deal structure and finance.

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View Committee Newsletters

Committee newsletters provide current information on topics of interest to practitioners and news of committee activities.
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Programs, Meetings and Events

Section Events


Committee Chair(s)

Co-Chairs:

Schmittgens, Eugene
Viner, Anne

Committee Roster  


2017-2018 Committee Leadership

View the full roster of Environmental Transactions and Brownfields Committee leadership.
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Publications


ETAB Links of Interests


Brownfields Websites by States

Modified by Peter Clark on October 12, 2017

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