Property Transfer Environmental Due Diligence: Regulations vs. Reality
Monday, November 13th • 2:00pm (EST) • Mitchell A. Wiest, P.G., LEP, Principal Hydrogeologist
Often the only environmental due diligence completed as part of property transfer deals are All Appropriate Inquiry (AAI)/ASTM 1527-13 compliant Phase I Environmental Site Assessments (Phase I ESAs). However, regulatory compliant Phase I ESAs often overlook environmental liabilities that may impact redevelopment costs and schedules, as well as tenant usability and desirability. Whether caused by the commodification of Phase I ESAs, time constraints, or inexperienced project teams, regulatory compliant Phase I ESAs may not only fail to identify environmental conditions that result in the reduction of property values, but also conditions that may result in unanticipated remediation, compliance, demolition, or constructions costs. Similarly, AAI/ASTM compliant Phase I ESAs that fail to consider state regulations may put both buyer and seller at risk by overlooking notification and reporting obligations.
This webinar, presented by, Mitchell A. Wiest, P.G., LEP, Principal Hydrogeologist, will provide a primer on the differences between compliant Phase I ESAs and what developers need to know to understand best case/worst case scenarios and the real-world implications of often overlooked conditions that are reported as simply “out of scope” data gaps, or even more vaguely as “Business Environmental Risks,” if at all. Case study examples will be used to highlight several common pitfalls and how these can be avoided.
To register, please click on the button below:
Heavy Metals in Groundwater: Understanding the Big Picture
Thursday, August 31st • 3:00pm (EST) • Walt McNab Jr., Ph.D., P.G.
Heavy metals represent a unique class of groundwater contaminants at certain types of industrial sites. Aquifer contamination can occur from direct anthropogenic input (e.g., improper handling and disposal). However, in addition, metals such as chromium, nickel, copper, zinc, and other elements occur naturally at trace levels in many different environmental settings. Consequently, indirect contamination of groundwater can also occur when the chemical environment of the aquifer is altered in such a way that mobilizes these elements. The complex behavior of heavy metals in groundwater environments requires an accurate conceptual model of the contaminants’ sources and the processes impacting their fate.
This webinar, presented by Walt McNab Jr., Ph.D., P.G., will introduce the topic of heavy metal behavior in groundwater through an example problem involving multiple metals that were mobilized at a site as a result of changes in aquifer acidity. A multi-process numerical model was employed to posit and test a conceptual model for the site and, subsequently, to help evaluate remedial design options. Application of such models requires careful consideration of the questions at hand, the quantity and quality of available data, and judgement calls by the modeling expert. The lessons learned provide insights into possible conceptual model development for similar sites, in both remediation and environmental forensics contexts.
To register, please click on the button below:
Three federal statutes—the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Oil Pollution Act (OPA); and the Clean Water Act (CWA)—as well as some state-specific statutes, allow for the pursuit of monetary or nonmonetary damages if a release of petroleum products or hazardous substances has resulted in injury to natural resources, such as waterways, wetlands areas, and wildlife, that are held in trust for the public. Placing a monetary value on these priceless resources necessarily involves subjective analysis, but some recent government claims have been for amounts far in excess of what a reasonable analysis of the facts would suggest. These claims have typically calculated monetary damages using unrealistic assumptions.
“Seven Government Assumptions to Challenge Regarding Natural Resource Damages,” written by Roux’s Vice President and Principal Hydrogeologist Daniel Sullivan, uncovers seven types of common unrealistic assumptions related to natural resource damages. This article was published in the Environmental Claims Journal.
To read and download this article, please click here.
Environmental Cost Recovery Actions – Keys to Success and Pitfalls to Avoid
Wednesday, August 2nd • 2:00pm – 3:00pm (EST)
This webinar, hosted by Perrin Conferences, offers CLE credit and covers keys to success and pitfalls to avoid when navigating environmental hazards. Speakers include John Parker and George Buermann, Partners at Goldberg Segalla LLP, along with Roux’s Vice President and Principal Hydrogeologist, Daniel Sullivan.
Topics covered will include:
- How to obtain indemnification for cleanup costs;
- Recovery against other potential responsible parties;
- Responding to a PRP letter;
- Identifying and effective use of defenses;
- Developing the divisibility defense; and
- Tips to properly defend and/or negotiate claims brought by state and federal environmental agencies.
Please click here to register and learn more.
Be Prepared! What you need to know about the current status of PFAS
Tuesday, July 18th • 2:30pm (EST) • Presented by Roux Associates and Greenberg Traurig, LLP
Please join Roux Associates and Greenberg Traurig, LLP for a complimentary webinar. Frank Citera and Steve Russo, members of Greenberg Traurig, LLP’s environmental practice group, will join Seth Kellogg and Adam Love, Ph.D. from Roux Associates, to discuss the current status of PFAS regulation and litigation. Utilizing the alleged PFOA contamination in drinking water in Hoosick Falls, New York as a case study, Messrs. Citera and Russo will explore PFOA and PFOS state regulatory action, formal rulemaking, and the current status of pending litigation, including claims for medical monitoring. Ms. Kellogg and Dr. Love will provide insight into some of the most important technical elements to be aware of related to investigation, remediation, and forensics.
Brownfield sites with complex physical settings, such as weathered or fractured bedrock and deep contaminants, complicated chemical and physical composition of contaminants, and operating or redevelopment complications, can pose problems for the effective use of traditional remedies. These challenging sites require innovative remedial technologies and creative thinking to reach remediation goals and allow redevelopment to occur on schedule and on budget.
“Innovative Remediation Strategies at Redevelopment Sites,” written by Roux’s Timothy Adams, P.G. and Anne E. Viner, Esq. of WCD Group, examines three Brownfields sites in different U.S. regions, which each required creative remedial approaches to treat volatile organic compounds (VOCs), conquer the challenges posed, and allow redevelopment to proceed.
Click the PDF below to read the article, published in the American Bar Association Section of Environment, Energy, and Resources‘ May 2017 Environmental Transactions and Brownfields Committee Newsletter (Vol. 19, No. 2). To view all committee newsletters, click here.
Innovative Remediation Strategies at Redevelopment Sites