Section of Environment, Energy, and Resources

Environmental Transactions and Brownfields Committee

2007-2008 Committee Chair:
Richard J. Ericsson
[rericsson@farerlaw.com]

ETAB Hot Topics

From time to time list serve discussions generate helpful practice tips in the form of e-mail discussions among our members. To give each of our members access to these discussions without clogging up the list serve, we are going to post the e-mail discussions. Today, we post an informative discussion about CERCLA windfall liens. We hope you find this new resource helpful you have general feedback, please feel free to contact us by e-mail.

CERCLA windfall liens - First Half
CERCLA windfall liens - Second Half

Signed

Harry Weiss : Vice Chair for Technology
Ken Whittaker: Vice Chair for Web site Improvement

Message from the Chair

The Environmental Transactions and Brownfields Committee (ETAB) is one of the largest and most active committees in the Section. We get involved with the environmental aspects of all sorts of business and real estate transactions, and with the growing interest in Brownfields redevelopment throughout the country at the federal and state levels. We deal with voluntary clean-up laws, prospective purchaser agreements, insurance, environmental justice, parent and successor liability, underground storage tanks, and environmental audits and institutional controls.

Recently, the Committee was directly involved in EPA's negotiated rulemaking on "all appropriate inquiry," with two past Committee Chairs representing the Section in the stakeholders group. We have also sponsored several panel discussions and conferences on this and other regulations flowing from the 2002 Brownfields Amendments.

The Committee provides a wonderful opportunity to stay in touch with practitioners in the field from all over the country and in many different types of legal practice. Committee members can get involved by writing for Committee or Section publications, speaking at Committee-sponsored programs, participating in discussion groups in specialized areas of the law or on new legal developments and participating in white paper initiatives to respond to proposed governmental policy changes. If you've got an idea for a program or would like to work on one, contact Amy Edwards (amy.edwards@hklaw.com), or Richard G. Opper (ropper@envirolawyer.com). If you would like to contribute an article to our newsletter, contact either of our newsletter vice-chairs, Robert R. Gelblum (rob.gelblum@ncmail.net) or Tom Doyle (tdoyle@pierceatwood.com). If you'd be interested in working on our Committee's portion of the Section's indispensable Year in Review, contact Lawrence Schnapf (Lschnapf@environmental-law.net). We also encourage members to host "brown bag" meetings of Committee members in their own areas. If you're interested, contact Richard Ericsson (rericsson@farerlaw.com) or contact me directly. In addition, be sure to join our Committee listserve and feel free to post your queries or thoughts on transactional or Brownfields issues. Contact our Technology Vice Chair, Harry Weiss (weiss@ballardspahr.com) or me if you need any help.

We recently sponsored two programs at the Section's Fall Meeting in San Antonio. Both dealt with a hypothetical Brownfields transaction-the first in the context of residential redevelopment of contaminated property, the second applying the proposed "all appropriate inquiry" regulations.

As a very active committee, we are known throughout the Section for the great sense of camaraderie and fun we have developed over the last few years. Our practice area is active, and our members enjoy interacting with each other at Section meetings, through our list serve, and on collaborative projects. While we are large, we strive to be a committee whose members know one another. And where collaboration among colleagues knows no geographical barrier.

We often work closely with other Committees in the Section, and urge you to check some of them out as well. The Site Remediation Committee and the Smart Growth and Urban Policy Committee each share our interest in Brownfields and other issues related to site cleanup and property redevelopment. We work closely with the State and Regional Environmental Cooperation Committee on state and local issues that affect our practice area. Check out their web page for their fabulous links to state and regional environmental resources online! Remember that under the Section's policy you may join up to 5 Committees. We encourage you to join as many as possible, and if your primary interest has been with another Committee, we would love to welcome you to ETAB, where we are sure you will find great times and great ideas.

General Internet Contact Person
Harry Weiss
Ballard Spahr Andrews & Ingersoll, LLP
E-Mail: weiss@ballardspahr.com

Publications
Todd Davis – Brownfields – A Comprehensive Guide to Redeveloping Contaminated Property.

To get involved with the Committee’s newsletter contact:
Robert R. Gelblum
E-Mail: rob.gelblum@ncmail.net

Thomas R. Doyle
E-Mail: tdoyle@pierceatwood.com