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Bill Sloan & John Rybak are two of the Country’s top Lender Environmental Risk Managers. They will present an interactive case study discussion focused on risks beyond CERCLA Liability. This will be followed by some Best Consultant Practices on becoming an invaluable part of a Lender’s Consultant Registry.

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This webinar presentation is the second part of a two part series about banks and environmental due diligence. The topics to be discussed in the second presentation include: Issues Embedded in Assessment Process, Types of Environmental Risk, Environmental Risk Mitigation Methods, Post Closing Actions, &Financial/Deal Structure.

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The banking industry is a major player in the environmental due diligence process. Therefore, it is important to understand how banks contract out Phase I Environmental Site Assessments? How do they qualify consultants? How do they manage Phase I pricing? What is the risk tolerance to banks?

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Vapor Instrusion continues to be a hot topic. One would expect that the responsible party is liable for those impacts. However, that is not always the case. The courts often struggle to address vapor instrusion making it difficult to predict the outcome. Today’s presentation will provide an overview of vapor intrusion, discuss the statutory requirements that give rise to actions that involve vapor intrusion and then review a number of cases and discuss the lessons learned from the cases.

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1,4-Dioxane is an emerging contaminant. It is derived from a number of sources and is used an a large number of consumer products. We will discuss sources, contaminant behavior in the subsurface and investigation technologies and methods. We will also discuss proven remediation technologies and emerging technologies that are being used to deal with this contaminant quickly and cost effectively.

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Vapor Instrusion- Impact on Due Diligence Dr. Tramm provided an update on Vapor Intrusion and how it is fitting into Real Estate Due Diligence and Regulatory Closure. The presentation touched on lessons learned, sampling errors, indoor health criteria evolution, the 2015 EPA Final VI Guidance documents, real-time tools to help understand and prioritize potential impacts, common mitigation approaches and how the states have been responding to VI thus far.

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The ASTM Standard for Property Condition Assessments (E2018) has been revised to simplify and reorganize existing guidance, add and clarify definitions, update the approach to the evaluation of ADA accessibility, and introduce an approach to screening improvements for satisfaction of Federal Fair Housing requirements. Bill Tryon, co-chair of ASTM’s committee to reauthorize the standard, will provide a high level overview of changes along with discussion of possible additional revisions over the next year.

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A webinar presentation about the Migratory Bird Treaty Act and the Eagle Protection Act. What is or is not a violation of both laws. Do you need to mitigate for impacts to migratory bird habitat? What can be done with inactive nests? What do recent MBTA court decisions in the 5th, 8th and 9th federal circuits mean? Does the amended Eagle Regulations found in 50 CFR 22 overreach the statute? What qualifies as a take? These are just some of the topics that are covered.

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On June 29, 2015 the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) jointly published a final rule that redefines “waters of the United States” under the Clean Water Act and its implementation regulations and programs. The rulemaking was undertaken in an effort to provide more clarity after a succession of three U.S. Supreme Court decisions altered the requirements for the federal government to assert jurisdiction over aquatic resources such as streams and wetlands, especially for the purposes of Section 404 permitting.

On October 9, the Sixth Circuit Court of Appeals stayed the controversial “waters of the U.S.” rule to sort out whether the federal courts of appeal or the federal district courts have jurisdiction to handle the rule challenges.

The presentation will provide an overview of the stayed new rule with illustrations of which waters would be jurisdictional under the rule and which waters would not be. The presentation will also provide an update on the litigation and a review of how to determine if waters are jurisdictional under the existing rules that will remain in effect until the new rule litigation is completed.

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Perhaps no other U.S. law is more misunderstood or misquoted than Section 9 of the Endangered Species Act (ESA). Where does the confusion and misinformation originate and what does the ESA really prohibit? Have you ever wondered what the ESA plant prohibitions are and how they relate to private lands?

Gary Mowad (former United States Fish & Wildlife Service criminal investigator, biologist & natural resource pilot) discussed what Section 9 of the ESA really prohibits, what degree of protection the regulatory definition of “harm” really provides to habitat. Gary also clarified what the threshold for “take” through habitat modification actually is and what protections exits for critical habitat. Additionally, he addressed the elements required to substantiate an ESA violation and explain how a 1998 jury instruction eviscerated the USFWS’ ability to successfully prosecute hundreds of direct take cases.

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The MSD is a powerful remediation tool for Texas properties with environmental contamination. MSDs can dramatically lower the cost and reduce the time needed for site assessment and cleanup.

As a result, MSDs are changing strategies for investigating, cleaning, and redeveloping contaminated sites, including properties that have been stuck in the Voluntary Cleanup Program or in other remediation programs where no resolution is in sight.

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Since the passage of AAI and multiple updates to the ASTM 1527 standard, there has been confusion and questions among some environmental professionals (EPs) about which databases are required to meet ASTM and which databases are supplemental. Julie Kilgore, chair of the ASTM E1527 task group, Patricia Overmeyer, Land Revitalization Coordinator with the EPA Office of Brownfields, and Scott Davis, Principal with GeoSearch, will facilitate this webinar to address the questions and challenges from EPs regarding environmental databases.

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By now, all consultants using the ASTM standard for conducting Phase I ESAs should be using the ASTM E1527-13. The EPA reference to E1527-05 will likely come to an end shortly.

Julie Kilgore, chair of the ASTM E1527-13 task force, and Patricia Overmeyer, Land Revitalization Coordinator with the EPA Office of Brownfields, discussed the timeframe for removing the reference to E1527-05, present updated case studies regarding the application of new and revised ASTM E1527-13 terms, and answered questions about implementing the new standard.

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Due to the positive response from the last presentation; “Strategies for Implementing ASTM E1527-13; GeoSearch will hosted a 2nd webinar addressing questions regarding the implementation of E1527-13.

The panel of experts for this Webinar will included Julie Kilgore (Chair of ASTM E1527 Task Group and President of Wasatch Environmental), joined by Chris McCormack and Paul Zovic. Chris McCormack is an attorney with Pullman & Comley, serves on the ASTM E50 Executive Committee, and is chair of the task group responsible for the Phase 2 Environmental Site Assessment standard practice E1903. Paul Zovic is a principal of Endpoint Solutions based out of Wisconsin, serves on the ASTM E1527 and E1903 task groups, and has been commissioned by ASTM for over 20 years to provide ASTM training for Phase I and Phase II environmental site assessments.

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On December 30, 2013, the EPA amended in the Federal Register its AAI rule to reference ASTM E 1527-13 Standard Practice for Environmental Site Assessments, Phase I Environmental Site Assessment Process and makes clear that persons conducting AAL inquiries may use the procedures included in the standard to comply with the AAI Rule as of December 30, 2013.

Julie Kilgore, Chairman of ASTM Committee E50 on Environmental Assessment, Risk Management and Corrective Action, discusses the Strategies for Implementing ASTM 1527-13.

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