Events Calendar

Cleaning Up the Mess: How to Manage a Contaminated Property

Continuing Legal Education

October 31, 2013 Thursday 12:00pm - 1:00pm

This program will benefit attorneys of any level of experience who have an interest in gaining an understanding of handling a contaminated property. This is not intended to be an in-depth instruction, so likely not for experienced environmental practitioners. Lawyers dealing with real estate transactions are a great target. Many contaminated properties are found during the due diligence period of a transaction, and of those, many never make it to closing due to the presence of contamination.

Lawyers whose practices are centered on general litigation will also benefit from this seminar. Participants of this program will learn to issue spot environmental concerns as well as be able to talk intelligently about potential alternatives when confronted with a contaminated piece of property. For instance, there are many funding options and alternatives for addressing contamination that are relatively untapped by non-environmental practitioners.

Program Agenda:

Hazardous Substances/Petroleum Contamination Investigation and Remediation

Discovery

  • Phase I and Phase II
  • Likely locations


Reporting to IDEM

  • Requirements
  • Which Section of IDEM: Advantages and Disadvantages of Each
  • Interface with IDEM
  • Timeline and Checking Status (VFC)
  • Disagreement with IDEM decision (OEA)


Site Investigation and Remediation Work

  • Hiring a Consultant
  • Characterizing the Contamination
  • Clean up

Closure Options

  • Advantage and Disadvantages of Each

Funding Sources for Site Costs and Attorney Fees

Potentially Responsible Parties

  • Environmental Legal Action Statute
  • Underground Storage Tank Statute
  • Federal Statutes
  • Common Law Claims


Insurance Coverage

  • Triggering Insurance
  • Exclusions


Excess Liability Trust Fund

  • Eligibility Determinations
  • Settling with PRPs who have ELTF coverage

Event Code
YLD1059
Location
IndyBar Education Center, 135 N. Pennsylvania, Suite 1500
Credit Hours
1.00   (General)
Sponsor
Young Lawyers Division
Speaker
Mr. Marc Menkveld, Katz & Korin PC; Mr. Nicholas K. Gahl, Katz & Korin PC




Registration Options

Registration for this event is now closed.