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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Environmental

Date & Time
  • event Date

    Thursday, September 25, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will explore the shifting legal and practical landscape for using cost cap alternatives (CCAs) to enable fixed-price cleanups (FPCs) in environmental remediation projects. The commercial cost cap insurance market offers RESCUE for large project finance, while CCAs and related offerings are now critical tools for developers, PRPs, municipalities, and other stakeholders who manage cleanup cost risk.

Faculty

Daniele Cervino
Member
Beattie Padovano LLC

Ms. Cervino is a Member in the firm's Environmental Law & Permitting practice. She represents clients in connection with a variety of environmental regulatory and transaction issues. Ms. Cervino has represented private equity firms and developers in environmental due diligence and environmental aspects of transactions, risk mitigation and insurance coverage. She has counseled many companies on environmental compliance and cost recovery matters. Ms. Cervino has served as Senior Vice President and General Counsel for Environmental Waste Management Associates (Parsippany, New Jersey), an environmental consulting and remediation firm and its related companies. She has negotiated dozens of insured fixed price remediation contracts and environmental insurance policies and associated claims. Ms. Cervino was selected as one of New Jersey Real Estate Magazine’s “Women of Influence in Real Estate” in 2007.

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Gordon C. Duus
Partner; Co-chair of the Environmental Law Practice Group
Mandelbaum Salsburg P.C.

Mr. Duus’ practice includes handling the environmental aspects of the firm’s numerous real estate and commercial transactions. This includes representing clients who are buying, selling, leasing and financing real estate, with an emphasis on managing the issues arising from properties contaminated by, or potentially contaminated by, hazardous substances. He also has extensive experience assisting clients who are involved in the purchase or sale of stock or assets, including mergers and acquisitions. Mr. Duus has assisted numerous clients with obtaining and negotiating environmental insurance, handling site cleanup, obtaining development permits, complying with environmental regulations, advising on alternative energy projects, and providing expert witness testimony.

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Description

The panel will discuss how CCAs work today, their role in environmental risk transfer (ERT) frameworks, and growing newer financial products like captive insurance and parametric triggers. The experts will also explore emerging complexities such as handling PFAS, contractor pricing risk during inflationary times, and changing regulatory requirements.

Listen as our expert panel navigates using CCAs and fixed-price remediation structures, including new tools and best practices for managing environmental, legal, and financial risks.

Outline

I. Introduction: background, current environment

II. CCAs

A. Mechanics and structure of CCAs

B Parties to CCAs: owners, contractors, insurers, lenders

C. Advantages and drawbacks

III. FPC structures

A. Fixed-price contract options

B. Risk allocation strategies and mechanisms

C. Lessons learned with prior FPCs

IV. ERT models

A. Overview of ERTs

B. Role of CCAs in ERT-based transactions

C. Drafting considerations

V. Innovations in financial assurance tools

A. Captive insurance

B. Parametric insurance

C. RESCUE and other tools

VI. Risks and regulatory factors

A. PFAS and emerging contaminants: drafting to manage

B. Inflation, supply chain volatility, and contractor risk tolerance

C. Environmental justice concerns and public perception

VII. Best practices for counsel

A. Drafting elements

B. Managing performance risk: security, indemnity, retainage

C. Stakeholder engagement

Benefits

The panel will review these and other key issues:

  • Structuring CCAs to support FPCs
  • Fixed-price cleanup models, including ERT structures
  • Newer financial tools, including captive and parametric insurance
  • PFAS and other emerging contaminant exclusions in cleanup contracts
  • Best practices in contract drafting, regulatory engagement, and performance risk mitigation
  • Lessons from completed FCPs