Mitigating Vapor Intrusion Risks: Navigating Interplay Between Federal and State Mandates, Negotiating Real Estate Deals
Recording of a 90-minute CLE webinar with Q&A
Conducted on Thursday, January 5, 2017
Recorded event now available
This CLE webinar will prepare counsel to identify and address risk associated with vapor intrusion (VI) in real estate transactions using the most recent EPA guidance. The panel will review recent federal and state agency regulatory actions and court decisions, offer best practices for understanding and navigating the interplay between federal and state requirements, and outline approaches to mitigate VI risks.
VI poses risks to property value and may result in clean-up and tort liability for owners of property affected by volatile chemical contamination. Properties located on or near historic contamination sources, such as former industrial facilities, gas stations and dry cleaners, are affected.
Several state and federal agencies have issued guidance on VI in recent years. VI was addressed in 2013 when the EPA issued its VI guidance and the ASTM Standard E-1527-13 was published, requiring a Phase I Environmental Site Assessment to evaluate VI risks for reasonably expected future land use conditions including new building construction and new uses and occupants for uninhabited buildings.
To adequately address risks associated with VI in real estate transactions, counsel must stay on top of federal and state regulatory actions and case law. In negotiating and drafting contracts, counsel can protect clients’ interests in commercial transactions using such provisions as indemnification and specific representation regarding VI.
Listen as our panel, including an experienced environmental attorney and an engineer specializing in VI issues, examines the recent EPA guidance and outlines how VI can be evaluated and addressed in transactions. The panel will also discuss the interplay between federal and state requirements, explain how to determine which regulatory guidance applies to the client’s situation, and offer best practices for counsel to protect clients’ interests.
- Regulatory environment
- VI in real estate transactions
- Due diligence
- Interplay between federal and state requirements
- Mitigating and managing VI risks
- Reps and warranties
- Releases and waivers
- Environmental insurance
The panel will review these and other key issues:
- What are the implications of recent federal and state regulatory actions related to VI?
- How should VI be addressed in due diligence in real estate transactions?
- What are key strategies to manage potential VI liability risks in real estate transactions?
Matthew E. Cohn, Officer
Greensfelder Hemker & Gale,
Mr. Cohn’s practice focuses on all aspects of environmental law, pairing his legal experience with a professional background in environmental science. His work includes litigation, environmental due diligence and counseling on regulatory compliance. He counsels businesses on CAA and CWA regulations and has managed numerous due diligence projects and the investigation and remediation of contaminated properties. Mr. Cohn regularly writes and speaks on environmental law topics, including fracking and vapor intrusion.
David Folkes, Senior Principal Environmental Consultant
Greenwood Village, Colo.
Mr. Folkes has more than 35 years of experience focused on environmental and geotechnical consulting throughout the U.S. and Canada. One of the nation's foremost experts on vapor intrusion (VI) evaluation and mitigation, he was invited by U.S. EPA to address the national RCRA meetings held in 2000 and 2002 on VI issues impacting sites throughout the country. Mr. Folkes has served as a consultant to industry and regulatory agencies on more than 100 VI sites around the world, often providing litigation support to clients.
Gail L. Wurtzler, Partner
Davis Graham & Stubbs,
Ms. Wurtzler is a former head of the firm’s Environmental Group. She has prosecuted and defended CERCLA cost recovery and contribution claims, RCRA citizen suit claims, and similar claims under state laws. She has more than 20 years of experience defending natural resource damages claims. Ms. Wurtzler also advises clients and consultants regarding their interactions with regulators. Subjects include regulatory compliance, remediation, management of regulated substances, proposed and final action levels, and defense of penalty proceedings, among others.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email email@example.com to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
Strafford's program was well organized and provided a good level of depth.
I liked the breadth and overview of trends in case law and claims/defenses.
Donald J. Moran
Pedersen & Houpt
I liked that the presentation was in-depth with useful information and provided excellent written materials.
Dan J. Jordanger
Hunton & Williams
Strafford's program was advanced, current and very convenient.
Seattle City Attorney's Office
I thought the practice points and recommendations from the speakers, based on years of experience, were valuable.
Allen & Overy
Environmental Law Advisory Board
Loeb & Loeb
Shipman & Goodwin
Barnes & Thornburg
Akin Gump Strauss Hauer & Feld
Arnold & Porter
Gibson Dunn & Crutcher
Dinsmore & Shohl
Beveridge & Diamond
Crowell & Moring
Stroock & Stroock & Lavan
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.