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Now You See It - Now You Don't: The Elusive BFPP Defense Under CERCLA


Product Code - EHAU03
Speaker(s): Michael Goldstein and Lawrence P. Schnapf
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In light of recent cases that for the first time look at the bona-fide prospective purchaser defense under the federal superfund law, it is critical for parties to fully understand what the statutory requirements are and what actions they must take, or avoid, to ensure they can receive liability protection. Because the BFPP is a self-implementing defense, it is important that parties seeking to assert the defense carefully evaluate the risks posed by the sites they are purchasing to ensure they comply not only with pre-purchase due diligence or  “all appropriate inquiries,” but also with post-acquisition continuing obligations.

This 90-minute webinar, featuring attorneys Lawrence P. Schnapf, principal of Schnapf Environmental Law Offices in New York City, and Michael Goldstein, partner with the Miami, Fla. office of Akerman Senterfitt, is designed to help you:

  • Understand the ruling in Ashley II of Charleston LLC v. PCS Nitrogen Inc. and subsequent cases that have ruled on the BFPP
  • Analyze the lessons learned on the nature of due diligence for brownfield sites and consider the implications of having recommendations in Phase 1 reports
  • Examine the self-implementing nature of the BFPP and its applicability
  • Determine whether purchasers can indemnify or release PRPs in the wake of the decision
  • Consider the impact on the ability of property owners to establish compliance with post-closing continuing obligations 
  • Learn what actions property owners, lenders, and developers can take during different stages of cleanup and development to ensure they maintain BFPP status
  • Identify issues for construction lenders and parties financing cleanups
  • Review best management practices during grading and construction activities to maintain BFPP status  

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.

Michael Goldstein and Lawrence P. Schnapf

  Michael Goldstein 

Michael Goldstein is a partner with Akerman Senterfitt and chair of the firm's contaminated lands practice. For more than 18 years, he has represented developers, retailers, lenders, and, local governments on a host of environmental and brownfield matters, transactions, and projects. Michael works closely and extensively with real estate development principals and engineering professionals to help coordinate federal, state and local regulatory approvals for complex retail, industrial, residential, mixed use, and marina related projects. In 1996 he successfully lobbied the Miami-Dade County Commission to create one of the very first Brownfields Task Forces in the state of Florida and was appointed to serve as its chairman for its entire 8-year term. In 1997, he participated in the passage of the Florida Brownfields Redevelopment Act and has been involved in every legislative amendment since.  Michael was a founder of the Florida Brownfields Association in 2002 and served as its chairman and president for four consecutive terms. In that capacity, he was an aggressive advocate for the expansion of liability protection, the enhancement of tax incentives, and the elevation of environmental justice and community public health as critical issues to be addressed during redevelopment. In 2008, Michael created and funded the Goldstein Brownfields Foundation, a non-profit corporation dedicated to empowering individuals and communities with scholarships, programming, and resources to restore polluted land, revitalize neighborhoods, and protect public health, and increase the ethnic and gender diversity of lawyers working in the environmental arena. In 2009, he was appointed to the Executive Committee of the National Brownfields Coalition, an affiliation of private and public sector stakeholders working in the U.S. Congress to advocate for improvements in environmental redevelopment policy and legislation. Michael also is a principal in the Goldstein Brownfield Group, a for-profit development company specializing in landfill restoration for retail, industrial warehouse, and renewable energy production uses. He also is a member of the board of BNA’s Environmental Due Diligence Guide.

 

 

 Larry Schnapf

Lawrence P. Schnapf is an environmental attorney based in New York City and New Jersey with more than 25 years of national environmental experience and is the principal of Schnapf Environmental Law Offices. Larry primarily concentrates on environmental issues associated with corporate, real estate and brownfield transactions; commercial financing including asset-based lending, syndicated loans, mezzanine loans and distressed debt; bankruptcy, workouts and corporate restructuring. He has extensive experience with brownfield redevelopment and financing, including representing affordable housing developers and assisting local development corporations or not-for-profit organizations with their brownfield planning programs. Larry also counsels clients on environmental, represents clients in federal and state environmental litigation, enforcement actions, administrative proceedings and private cost recovery actions. He has also served as liaison counsel for PRP steering committees.  He has also written numerous articles on environmental law, is a contributing author for several chapters of “Brownfield Practice and Law: The Cleanup and Redevelopment of Contaminated Properties” published by Matthew Bender. He was also a contributing author for “The Law Of Environmental Justice” published by the American Bar Association and the Matthew Bender “Environmental Law Practice Guide.” He is also the author of “Managing Environmental Liability in Transactions and Brownfield Redevelopment” published by JurisLaw Publishing. Larry is the co-chair of the New York State Bar Association’s Hazardous Site Remediation Committee, co-chair of the NYSBA brownfield task force and a board member of the Board of the NYC Partnership of Brownfield Practitioners. He is also the chair of the Brownfield Committee Force of the Environmental Business Association of New York. He is Chair of the ABA Section of Business Law Committee on Environmental, Energy and Natural Resources Law. He is a vice chair of the Environmental Transactions, Audits and Brownfield Committee; and Special Committee on Disclosure of the ABA’s Section of Environment, Energy and Resources. He also is a member of the board of BNA’s Environmental Due Diligence Guide.