Purchasing Contaminated Properties: ASTM E1527-21 Phase I Standards and Bona Fide Purchaser Defense
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will advise environmental counsel on the steps and evaluations when working on the purchase of a contaminated property. The panel will discuss the environmental risks that may affect a property and what type of remediation and risk management can be utilized in assessing the viability of an acquisition.
- Due diligence fundamentals
- Purpose of all appropriate inquiry
- CERCLA defenses
- ASTM 1527
- Special considerations for scope of inquiry
- Vapor intrusion
- Tools to address contamination
- Purchase agreements
- Asset purchase versus merger
- New products
- Prospective Purchaser Agreements
- Purchase agreements
The panel will discuss these and other key topics:
- What factors should be considered in establishing the scope of due diligence under ASTM E1527-21, including risks associated with soil vapor intrusion and PFAS?
- What should counsel consider if a client purchases property and discovers pollution after the sale?
- How much should a seller disclose when selling property with a potential environmental issue?
- What provisions can be addressed in a purchase agreement to address environmental liability?
Mr. Epperson has a wide range of experience in environmental, health, and safety law. He counsels clients regarding... | Read More
Mr. Epperson has a wide range of experience in environmental, health, and safety law. He counsels clients regarding regulatory compliance, transactions, and permitting/entitlement issues. In addition, he represents clients in administrative enforcement actions and advises clients in their efforts to investigate and remediate contaminated properties, including associated cost recovery efforts and regulatory agency oversight. Mr. Epperson provides transactional due diligence, identifying and resolving environmental and natural resource issues to facilitate transactions, including for renewable energy projects. In addition to his practice, Mr. Epperson serves as an adjunct professor at Golden Gate University School of Law, is an advisor to the Bar Association of San Francisco Environmental Law Section Executive Committee, and is a former member of the California State Bar Environmental Law Section Executive Committee.Close
Catherine W. Johnson
Ms. Johnson helps her clients comply with environmental laws, evaluate environmental liabilities before acquisitions,... | Read More
Ms. Johnson helps her clients comply with environmental laws, evaluate environmental liabilities before acquisitions, and remediate contaminated properties. She specializes in California and federal environmental law, representing a broad range of clients and industries, including manufacturing facilities, the maritime industry, food and beverage companies, and leaders in the commercial real estate and multi-family housing industry. Ms. Johnson has represented a publicly-traded REIT in the multi-family homes industry for over twenty years and represented several of her current clients for over a decade or more. After decades of experience with a broad range of environmental matters, she has focused her practice on the remediation of contaminated properties, vapor intrusion, transactions, and development projects -- complemented by a Prop 65 compliance practice. Ms. Johnson has served either as lead counsel or co-counsel in several major cases, including citizens’ suits claims (Prop 65, stormwater), CERCLA cost recovery claims, and claims for property damage associated with subsurface contamination and soil vapor intrusion. She is on the Advisory Board of the San Francisco Bar Association's Environmental Section and previously served as Chair of the Section.Close
David J. Ubaldi
Davis Wright Tremaine
Mr. Ubaldi focuses his practice on environmental and natural resources litigation. He represents industrial,... | Read More
Mr. Ubaldi focuses his practice on environmental and natural resources litigation. He represents industrial, commercial, and individual clients in a broad array of environmental situations, including cases involving federal Superfund (CERCLA) laws, state Superfund (MTCA) laws, natural resource damage claims (NRDs), and state and federal Clean Water Acts, including stormwater permitting issues. In addition, Mr. Ubaldi counsels clients on environmental compliance, permitting, and regulatory issues such as the handling and disposal of hazardous/dangerous waste. A significant part of his practice also includes environmental insurance. He also assists policyholders interested in identifying and accessing historical insurance funds related to remedial activities.Close