BNA to Host September 28th Webinar On Continuing Obligations

Mike Sowinski September 14, 2011

Two Terradex leaders, Bob Wenzlau and myself (Michael Sowinski), accompanied by Tim Haley of Barnes and Thornburg, will lead a September 28th, 2pm EST webinar, hosted by BNA.  Our main focus will cover the recently published ASTM E2790-11, “Standard Guide for Identifying and Complying With Continuing Obligations.”  This Guide provides industry consensus on good methods or “best practices” for Continuing Obligations, and in particular institutional controls, engineering controls or other recognized environmental conditions (RECs).  In addition to the Guide, we’ll also overview the 2002 Brownfield Amendments, recent case law addressing Continuing Obligations (e.g., Ashley II and Robertshaw), and sample scenarios applying the steps recommended in the ASTM Guide.  Please join us.  You can register at this BNA link.

As I summarized in an earlier blog post, ASTM’s Continuing Obligations Guide recommends a four step process. The primary users, in all likelihood, will be those who recently purchased contaminated property and desire to remain eligible for defenses made available in the 2002 Brownfield Amendments, namely the Bona Fide Prospective Purchaser defense, the Contiguous Property Owner defense, or the Innocent Landowner defense.   In addition to these users, however, the Guide helps other landowners of contaminated property who wish to properly manage contamination and institutional controls, even if they do not feel the need to qualify for CERCLA defenses.

At Terradex we’re delighted that BNA organized this webinar and asked us to participate.  The attention given by this and other webinars speaks volumes about the importance of this new ASTM Guide and, as webinars like this continue to get the word out, we know the Guide’s procedures will become the business norm for post-acquisition property care when institutional controls, engineering controls or other recognized environmental conditions (RECs) are present. The webinar agenda includes:

  • Provide an overview of the 2002 brownfield amendments
  • Discuss recent cases that have analyzed legal issues related to CERCLA’s continuing obligation requirements
  • Describe the main elements of the guide, including the four principal steps set forth for users
  • Talk through sample site scenarios to describe how the guide might be put to use in an actual setting
  • Summarize key legal issues raised that must be considered as part of the Continuing Obligations Plan, such as passive migration, land-use restrictions, and disposal after acquisition
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