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:
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Michael Goldstein and Lawrence P. Schnapf
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.
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.