Environmental Covenants in Real Estate Transactions: Minimizing Exposure Risk to Contamination
Determining Whether a Site Requires Use or Activity Restrictions, Navigating Statutory Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to environmental counsel on navigating the requirements for environmental covenants and determining if and when environmental covenants are needed. The panel will offer best practices for negotiating and structuring these covenants.
Outline
- Statutory provisions
- Uniform Environmental Covenants Act
- State law provisions
- Determining whether site needs environmental covenant
- Structuring environmental covenants
- Use restrictions
- Activity restrictions
- Enforcing covenants
Benefits
The panel will review these and other key issues:
- What key factors should be considered when drafting environmental covenants in real estate transactions?
- How do environmental covenants work with other provisions in real estate purchase and sale agreements?
- What are the best practices for minimizing environmental exposure risks in real property transactions?
Faculty
Joseph P. Koncelik
Counsel
Tucker Ellis
Mr. Koncelik, a former Ohio EPA director, chief legal counsel, and assistant attorney general, uses his 20 years... | Read More
Mr. Koncelik, a former Ohio EPA director, chief legal counsel, and assistant attorney general, uses his 20 years of environmental regulatory experience to help clients efficiently navigate complex governmental agency administration and cost-effectively reach their goals. He counsels clients in all facets of environmental law, including air pollution, water pollution, solid waste, industrial waste, hazardous waste, CERCLA, and water rights.
CloseSharon G. Newman
Partner
Preti Flaherty Beliveau & Pachios
Ms. Newman’s practice includes advising clients on environmental, permitting, compliance and remediation issues;... | Read More
Ms. Newman’s practice includes advising clients on environmental, permitting, compliance and remediation issues; representing members of the regulated community before federal and state environmental regulatory agencies; and counseling developers, business owners, and lenders on environmental issues in the purchase of and sale of real property and in other business transactions. She is a former Assistant Regional Counsel with the U.S. EPA, Region 10.
CloseAnn Wei
Partner
Hale Westfall
Ms. Wei represents and provides counsel on the environmental aspects of real estate, corporate, insurance and other... | Read More
Ms. Wei represents and provides counsel on the environmental aspects of real estate, corporate, insurance and other transactions in order to minimize risk and implement comprehensive strategies for clients. She provides an integrated approach to real estate transactions from letter of intent through closing through vertical redevelopment and exit, including the complexities associated with the public, regulators, lenders and insurers of these types of projects.
Close