Why You Should Attend?
Attend this program to ensure that your phase I environmental site assessment (ESA) appropriately protects your transactions from future liability!
To qualify for one of the CERCLA landowner liability protections, potential owners and operators must perform “all appropriate inquiries” (AAI) – commonly known as a Phase I ESA – prior to taking title or possession of a property. AAI is important to help owners/operators exercise “appropriate care” after taking title or possession to enable them to maintain their liability protections. Many state superfund or brownfield programs also require pre-acquisition ESAs to assert state liability defenses.
The industry standard for phase I ESAs (ASTM E1527-13) was recently revised. These regulatory changes have created significant uncertainty for environmental consultants and real estate practitioners. Despite the importance of phase I ESAs and the uncertainty, many property owners continue to view them as mere commodities and often select consultants simply on pricing without considering the experience or expertise of the environmental professional.
In just one hour, this program provides a concise discussion of the recent industry changes to ESAs and what every lawyer involved in a CERCLA transaction needs to know before negotiating their next deal!
What You Will Learn?
Our faculty will explain:
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Liability defenses and how phase I reports can be used to satisfy those key defenses
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Other roles for phase I reports in transactions
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How to read and understand phase I ESAs
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How key terms have been changed
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Scope of the new definitions
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The role of vapor intrusion
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The need for agency file reviews
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The role of the lawyer in reviewing phase I reports
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Why some commercial lenders are abandoning the phase I assessment and instead are requiring phase II assessments for large loans
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Key contractual issues in retaining consultants
Who Should Attend?
This program will provide environmental, real estate, banking, and in-house counsel with a nuts-and-bolts understanding of Phase I ESAs and the changes to E1527-13.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.