Redeveloping Environmentally Challenged Property: Federal vs. State Liability Protections, Defenses, Due Diligence

This CLE course will provide practical guidance to in-house real estate and environmental counsel on the similarities and differences between federal and state liability protections available under CERCLA, RCRA, and their state law counterparts; best practices for choosing (where possible) which programs to most effectively limit client exposure; and new options for changing authorities mid-project.

Both the federal and state governments administer a wide variety of statutory programs that govern the remediation of a potentially contaminated site, including the extent to which remediation is "voluntary" or at the direction of the government.

But the federal CERCLA and RCRA Corrective Action programs differ materially in terms of defenses and obligations, as do the various state programs, leaving counsel to navigate a complicated maze of legal, technical, and practical aspects of site remediation projects. Whether redeveloping a Superfund NPL site or a brownfield site going through a state voluntary cleanup program, an active commercial/industrial facility or an abandoned landfill, there are a myriad of strategic and practical decisions to be made to ensure that a site gets remediated and a new project or green space built.

Listen as our experienced panel discusses the latest developments in federal all appropriate inquiries and reasonable steps under CERCLA, and compares these with elements of RCRA Corrective Action and their state law counterparts. The panel will also address strategies and options in deciding which program to pursue.