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
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.
- 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
Greensfelder Hemker & Gale
Mr. Cohn’s practice focuses on all aspects of environmental law, pairing his legal experience with a professional... | Read More
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.Close
Senior Principal Environmental Consultant
Mr. Folkes has more than 35 years of experience focused on environmental and geotechnical consulting throughout the... | Read More
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.Close
Gail L. Wurtzler
Davis Graham & Stubbs
Ms. Wurtzler is a former head of the firm’s Environmental Group. She has prosecuted and defended CERCLA cost... | Read More
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.Close