Online Course Catalog

Cleaning Up the Mess: How to Manage a Contaminated Property

Continuing Legal Education

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

Please NOTE: Plus CLE members who select the free (no credit) registration option will not receive credit for viewing this program. If you wish to receive credit, please select the "Member" registration option.

Event Code
YLD1059W
Credit Hours
1.00 CLE (General)
Speakers
Mr. Marc Menkveld, Katz & Korin PC; Mr. Nicholas K. Gahl, Katz & Korin PC
Sponsor
Young Lawyers Division
Date
October 31, 2013
Location
IndyBar Education Center, 135 N. Pennsylvania, Suite 1500

Minimum Browser Requirements:   Internet Explorer 8+, Firefox 2+, Chrome, Safari 4+, Opera 9.5+ with Javascript

Registration Form

Registration Options

Member$32.50Login »
$72.50
Young Lawyer Division Plus CLE (no credit)$0.00Login »

Registrant Information

Event Policy

RESERVATIONS/CANCELLATIONS FOR LIVE EVENTS.  To ensure the utmost accuracy in our reservation records, the Indianapolis Bar Association cannot accept reservations over the phone for CLE seminars, luncheons, or other programming. Reservations must be delivered or mailed to the Indianapolis Bar Association office, faxed to (317)269-1915, or e-mailed to iba@indybar.org. Reservations received less than 24 hours prior to an event and walk-in registrations cannot be guaranteed; they will be accepted on a space-available basis, will include an additional $5 charge, and may not include lunch. Cancellations must be made 48 hours prior to the program to receive a refund. If no cancellation is received, payment is due in full. For arrangements due to physical disability, please call the Indianapolis Bar Association at (317) 269-2000.

RESERVATIONS/CANCELLATIONS FOR ONLINE COURSES.  Your purchase provides a 30 day access from the time of purchase to view and complete the educational requirements of the Indiana CLE Commission.  Failure to complete the online course within 30 days will require you to re-enroll and purchase again in order to view and complete the education program.

NOTE: CLE credit will not be reported to the Indiana Supreme Court Commission for Continuing Legal Education (CLE Commission) until payment for the course has been received in full.  The CLE Commission will not approve online CLE credit if you previously received credit for the same live course.  It is your responsibility to monitor your credits.

OWNERSHIP AND USE OF IMAGES AND OTHER INTELLECTUAL PROPERTY.  All registrants, instructors, exhibitors and guests attending any Indianapolis Bar Association event acknowledge and agree (a) that they may be photographed and/or video-recorded during such event, (b) that any such photographs or recordings are solely the property of the Indianapolis Bar Association, and (c) that the Association may publish, duplicate, and otherwise use such photographs, recordings, and identifying information about the persons in the photographs and recordings to promote the Association and its services.