Mitigating Vapor Intrusion Risks: Protecting Interests in Real Estate Transactions
Navigating Interplay Between Federal and State Requirements, Evaluating Impact of VI
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Environmental
- event Date
Thursday, February 20, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will prepare counsel to identify and address the risk associated with vapor intrusion (VI) in real estate transactions using the most recent EPA guidance. The panel will review recent federal and state agency regulatory actions and court decisions, offer best practices for understanding and navigating the interplay between federal and state requirements, and outline approaches to mitigate VI risks.
Mr. Gillay heads the Brownfields and Environmental Transactional Practice Groups and provides environmental counseling in connection with assessing environmentally challenged properties. Over the last decade, David has focused on the legal, regulatory, and technical impact and implications related to the vapor intrusion pathway. He also represents an influential multi-state environmental consultants’ association and works closely with leading technical experts on a wide array of environmental matters, including rapidly evolving vapor intrusion guidance. Prior to joining Barnes & Thornburg, he obtained an advanced environmental engineering degree and practiced as an environmental consultant on various projects across the country.
Dr. Hartman is a nationally recognized expert on soil vapor sampling, soil vapor analysis, and vapor intrusion. He has provided training on soil gas methods and vapor intrusion to county and state regulatory agencies in over 30 states, many of the EPA regions, the DOD, ASTSWMO, and numerous stakeholder groups and consultants. Dr. Hartman was an instructor in the EPA-OUST training, ITRC vapor intrusion training, API petroleum vapor intrusion training and ASTM vapor intrusion courses and has given vapor intrusion training in England, Australia and Brazil. He has written numerous articles on the collection, analysis, and interpretation of soil vapor data, including chapters in four textbooks. Dr. Hartman has participated in technical work groups on soil vapor methods for EPA, CA-EPA, CA Regional Water Boards, County of San Diego, ITRC & ASTM and has reviewed/edited instructional manuals for the EPA OUST and Superfund groups. Over the past four years, Dr. Hartman has been a contributing author/editor to vapor intrusion and soil gas guidance documents to federal EPA, CA-EPA, San Diego County, ITRC, DOD, API, and more than 25 individual state documents.
VI poses risks to property value and may result in clean-up and tort liability for owners of property affected by volatile chemical contamination. Properties located on or near historic contamination sources, such as former industrial facilities, gas stations, and dry cleaners, are impacted.
Several state and federal agencies have issued guidance on VI in recent years. The EPA issued its VI guidance, and the ASTM Standard E-1527-13 was published, requiring a Phase I Environmental Site Assessment to evaluate VI risks for reasonably expected future land use conditions, including new building construction and new uses and occupants for uninhabited buildings.
To adequately address risks associated with VI in real estate transactions, counsel must stay on top of federal and state regulatory actions and case law. In negotiating and drafting contracts, counsel can protect clients' interests in commercial transactions using such provisions as indemnification and specific representation regarding VI.
Listen as our panel, including an experienced environmental attorney and an engineer specializing in VI issues, examines the recent EPA guidance and outlines how VI can be evaluated and addressed in transactions. The panel will also discuss the interplay between federal and state requirements, explain how to determine which regulatory guidance applies to the client's situation, and offer best practices for counsel to protect clients' interests.
- Regulatory environment
- Federal
- State
- VI in real estate transactions
- Evaluation
- Due diligence
- Interplay between federal and state requirements
- Mitigating and managing VI risks
- Reps and warranties
- Releases and waivers
- Indemnification
- Environmental insurance
The panel will review these and other key issues:
- What are the implications of recent federal and state regulatory actions related to VI?
- How should VI be addressed in due diligence in real estate transactions?
- What are key strategies to manage potential VI liability risks in real estate transactions?
