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

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Program Materials

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.

Description

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.

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Outline

  1. Regulatory environment
    1. Federal
    2. State
  2. VI in real estate transactions
    1. Evaluation
    2. Due diligence
  3. Interplay between federal and state requirements
  4. Mitigating and managing VI risks
    1. Reps and warranties
    2. Releases and waivers
    3. Indemnification
    4. Environmental insurance

Benefits

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?

Faculty

Matthew E. Cohn
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...  |  Read More

David Folkes
David Folkes

Senior Principal Environmental Consultant
Geosyntec Consultants

Mr. Folkes has more than 35 years of experience focused on environmental and geotechnical consulting throughout the...  |  Read More

Gail L. Wurtzler
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...  |  Read More

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