Reducing Liability Uncertainty When Redeveloping Environmentally Challenged Property: Federal vs. State Liability Protections, Defenses, and Due Care Obligations During Property Acquisitions
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide practical guidance to in-house real estate and environmental counsel on the similarities and differences between federal and state liability protections available under CERCLA, RCRA, and their state law counterparts; best practices for choosing (where possible) which programs to most effectively limit client exposure; and new options for changing authorities mid-project.
Outline
- CERCLA and RCRA Corrective Action overview
- Latest developments in EPA’s Superfund Task Force reform efforts
- State “mini superfunds” and voluntary cleanup programs overview
- Strategic and practical considerations under various programs
Benefits
The panel will review these and other key issues:
- What are the key differences between CERCLA, RCRA Corrective Action, and state remediation programs?
- When can, or should, a party influence which program governs a cleanup?
- What are the most critical legal, technical, and practical aspects of contaminated site remediation projects?
- How does a purchaser qualify as a bona fide purchaser under CERCLA?
- What happens when state law addresses liability differently than federal law?
- What are the best practices for evaluating which program provides the most robust protections?
- How does a party conduct an "all appropriate inquiry"?
- What are the most pressing emerging issues in environmental due diligence (e.g. PFOA/PFOS)?
Faculty
Charles B. Howland
Partner
Curtis Mallet-Prevost Colt & Mosle
Mr. Howland is head of the firm’s Environmental Group; co-leads its hydrogen practice; and has an active... | Read More
Mr. Howland is head of the firm’s Environmental Group; co-leads its hydrogen practice; and has an active renewable energy-focused practice. During his 28 year tenure at EPA he worked at the intersection of land cleanup and energy development, and spent his last four months at the Agency in 2018 in the Agency’s Office of Enforcement and Compliance Assistance, working on Superfund Task Force implementation. Mr. Howland’s work focuses on providing practical advice in the acquisition and sale of facilities and the redevelopment of brownfield sites; regulatory issues associated with renewable energy projects; counselling, enforcement, and litigation matters involving facility cleanups under federal and state laws; risk management plan preparation and emergency release/spill reporting; crafting real estate and other commercial transactions to address environmental concerns; and helping businesses identify ways to advance their operations in accord with national and international sustainability initiatives. Mr. Howland is nationally known for his work helping to facilitate the development of renewable energy projects on environmentally impaired land.
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Megan M. Roberts-Satinsky
Atty
Linowes and Blocher
Ms. Roberts-Satinsky counsels developers, builders, and residential and commercial property owners on environmental... | Read More
Ms. Roberts-Satinsky counsels developers, builders, and residential and commercial property owners on environmental law, land use entitlements, regulatory compliance, permitting, transactional due diligence, and litigation. Her environmental practice includes transactional due diligence for contaminated properties and brownfields redevelopment. Ms. Roberts-Satinsky assists clients with pursuing approvals under voluntary cleanup programs. Her experience also includes handling natural resources issues such as wetlands, forests, critical area, and endangered species. In litigation matters, Ms. Roberts-Satinsky has represented both plaintiffs and defendants in environmental and real estate matters before both state and federal courts.
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