ASTM International’s recently published Standard Guide for Identifying and Complying With Continuing Obligations (E2790-11) provides long-needed guidance for owners of property impacted by contamination. “Continuing obligations” were first defined in the 2002 amendments to the Comprehensive Environmental Response, Compensation, and Liability Act. The so-called “brownfield amendments” were enacted to spur the cleanup and redevelopment of brownfield sites and set new eligibility criteria for “innocent landowners,” “contiguous property owners,” and “bona fide prospective purchasers” to qualify for CERCLA liability protection. Many states also have adopted continuing obligation requirements into state statues. In the absence of comprehensive guidance or interpretation describing how parties can satisfy these post-purchase legal requirements, ASTM’s guide sets forth practical steps for performing continuing obligations, with a particular focus on procedures for taking "reasonable steps" and managing institutional controls. In doing so, the guide not only aims to help parties seeking CERCLA liability protection but also outlines good practice for an overall contaminated property management strategy, including the preparation of a Continuing Obligations Plan.

In this 90-minute webinar the ASTM chair for the guide Bob Wenzlau (Terradex CEO), and key participants Michael Sowinski (Terradex VP) and Timothy Haley (Barnes & Thornburg) will:

• 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

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a Bloomberg BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:

• Quality. Count on it. Nothing is canned.
• Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
• Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
• Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

• Personal attention. Once you’ve registered, send your questions in advance to mgrena@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
• Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
• CLE credits will be available for this EHS Webinar.

Bob Wenzlau, Michael Sowinski, Timothy A. Haley

Bob Wenzlau is the chief executive officer and founder of Terradex. Wenzlau is a civil engineer whose practice area is the long term care of contaminated sites. His practice includes planning, design and maintenance of institutional controls and engineering controls. Wenzlau is proficient in numerous computer languages, data base design, and server configuration. Wenzlau saw the need for Terradex given the impracticality of complete contaminant residual removal, and the goal that final remedies be protective if residual persists. He now serves as the Chairperson of ASTM's Task Force for Continuing Obligations at Contaminated Properties. He speaks regularly to support the development of this practice area. Wenzlau attended Stanford University where he received both a Master of Science and Bachelor of Science in Civil Engineering.

Michael Sowinski is vice president of Terradex. He brings nearly 20 years of engineering and legal experience on environmental cleanup, environmental compliance, property redevelopment, and pollution control (i.e., CWA, RCRA) and is an expert in the niche area of “institutional controls” and long term stewardship. Prior to joining Terradex, Sowinski practiced environmental law where he advised and litigated on behalf of local governments and private clients on cleanup, institutional controls, brownfields, water pollution, land use, and other environmental matters. His experience also includes a career in environmental consulting where he consulted to federal and state environmental agencies, as well as private clients, on environmental cleanup and compliance matters, ranging from broad-scale program advising on cleanup program and long term stewardship issues, to site-specific brownfields redevelopment, cleanup, water pollution, and environmental compliance matters. He received a BS and MS in Engineering from the University of Maryland, and a Juris Doctorate from Vermont Law School. Sowinski speaks and writes regularly on environmental cleanup, brownfields, and stewardship matters and, among others, he is a leading member of ASTM’s Continuing Obligations task group.

 

Timothy A. Haley is an associate in the Environmental Department in Barnes & Thornburg LLP’s Indianapolis, Indiana office. Haley focuses his practice on environmental issues including: remediation of impaired properties, cost recovery for environmentally impaired properties, Title V and NPDES permitting appeals, administrative enforcement, administration adjudication, wetlands issues, and environmental issues associated with real estate transactions. Haley is a member of Barnes & Thornburg’s Climate Change, Construction Law and Insurance Recovery practice groups. He also serves as Barnes & Thornburg’s representative to ASTM International’s E50 Committee, where he actively participates in negotiating and drafting ASTM stands and guides, including ASTM’s standard on vapor intrusion in March 2008 and ASTM’s recently released Standard Guide for Identifying and Complying with Continuing Obligations. Haley received his B.A. summa cum laude from North Carolina State University in Raleigh, N.C. He received his J.D. cum laude from Indiana University School of Law – Bloomington. He also received an M.P.A. from Indiana University’s School of Public and Environmental Affairs.