This document summarizes several key environmental issues that can affect real estate transactions and development projects. It discusses regulations pertaining to waste management (RCRA/Texas SWDA), hazardous substance cleanup (CERCLA/Texas SWDA), and brownfield redevelopment. It also covers stormwater management and permitting requirements, protections for floodplains and wetlands, asbestos and lead regulations, the Endangered Species Act, and emerging trends around greenhouse gas regulation and sustainable development.
Environmental Issues in Real Estate Transactions Polsinelli PC
Presentation covers basics of environmental law applicable to real estate transactions including key statutes, important liability defenses or "safe harbors", role of due diligence, and how much diligence is required, contractual provision and resources to address environmental issues and keep the deal alive.
Environmental issues arise frequently on construction projects in Alberta. These issues can be complex and can result in regulatory investigations, litigation or significant unwanted publicity for project owners. This seminar by the Blakes Environmental Group will provide an overview of this rapidly changing area of the law and a discussion of best practices.
Established in 1972 to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and non-point pollution sources, providing assistance to publicly owned treatment works for the improvement of waste water treatment, and maintaining the integrity of wetlands.
Unblocking the Roadblocks to Environmentally Beneficial Re-Mining mlMark Levin
This presentation was part of a talk by the author at the San Juan Mine Reclamation Conference in 2016. It discusses obstacles to the potentially beneficial re-mining of formerly mined lands and suggests a policy framework going forward.
Environmental Issues in Real Estate Transactions Polsinelli PC
Presentation covers basics of environmental law applicable to real estate transactions including key statutes, important liability defenses or "safe harbors", role of due diligence, and how much diligence is required, contractual provision and resources to address environmental issues and keep the deal alive.
Environmental issues arise frequently on construction projects in Alberta. These issues can be complex and can result in regulatory investigations, litigation or significant unwanted publicity for project owners. This seminar by the Blakes Environmental Group will provide an overview of this rapidly changing area of the law and a discussion of best practices.
Established in 1972 to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and non-point pollution sources, providing assistance to publicly owned treatment works for the improvement of waste water treatment, and maintaining the integrity of wetlands.
Unblocking the Roadblocks to Environmentally Beneficial Re-Mining mlMark Levin
This presentation was part of a talk by the author at the San Juan Mine Reclamation Conference in 2016. It discusses obstacles to the potentially beneficial re-mining of formerly mined lands and suggests a policy framework going forward.
A 24-page "report" by the anti-drilling group Environmental Advocates of New York that supposedly says the little bit of drill cuttings (leftover rock and dirt) that come from drilling shale wells in PA that goes into NY landfills will make New Yorkers glow in the dark from radiation poisoning. It's bogus crap.
Study: The Potential Environmental Impacts of Fracking in the Delaware River ...Marcellus Drilling News
A $320,444 "study" bought and paid for by Big Green groups (the William Penn Foundation and Delaware Riverkeeper) that reportedly shows the impacts (i.e. harms) that would occur if shale drilling were allowed in Wayne and Pike counties in Pennsylvania. Currently those counties cannot drill for shale energy because they are part of the Delaware River Basin Commission's jurisdiction and the DRBC does not allow drilling. This study, using Big Green money, is meant to keep it that way--no drilling ever in those counties, denying landowners their Constitutional rights. It is a sham study with a pre-determined outcome authored by CNA, a non-profit organization that sells itself to the highest bidder.
A 24-page "report" by the anti-drilling group Environmental Advocates of New York that supposedly says the little bit of drill cuttings (leftover rock and dirt) that come from drilling shale wells in PA that goes into NY landfills will make New Yorkers glow in the dark from radiation poisoning. It's bogus crap.
Study: The Potential Environmental Impacts of Fracking in the Delaware River ...Marcellus Drilling News
A $320,444 "study" bought and paid for by Big Green groups (the William Penn Foundation and Delaware Riverkeeper) that reportedly shows the impacts (i.e. harms) that would occur if shale drilling were allowed in Wayne and Pike counties in Pennsylvania. Currently those counties cannot drill for shale energy because they are part of the Delaware River Basin Commission's jurisdiction and the DRBC does not allow drilling. This study, using Big Green money, is meant to keep it that way--no drilling ever in those counties, denying landowners their Constitutional rights. It is a sham study with a pre-determined outcome authored by CNA, a non-profit organization that sells itself to the highest bidder.
Introduction to Stormwater BMP's in North CarolinaKurt Bland
This presentation covers the basic elements of the issues surrounding storm water BMP requirements in the state of North Carolina. It is strictly informational, and is intended to explain, in lay man's terms, the environmental, legal, and economical issues surrounding storm water BMP management for developers, owners, and managers of commercial real estate and institutional campus facilities. I have been developing and tweaking the information in this presentation since 2007 for the purpose of educating property managers, facility managers, landscape architects, landscape workers, and a variety of other groups interested in the topic of storm water. Many of the photographs I have taken myself, whereas others were found on the internet. A small percentage of slides, and much of the knowledge shared, have come from presentations and certification classes I have attended, given by Bill Lord and Bill Hunt at NCSU. I share this information to raise awareness of the importance of protecting our natural resources by proactively taking responsibility for the run off we generate when converting greenfield sites into impervious surfaces that contribute to flash and water quality issues downstream.
On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.
Florida DEP Indirect Potable & Direct Potable Reuse presentation 10 sep12Terrance (Terry) Keep
This is a good presentation to better understand the rationale of using purified wastewater as a sustainable and saleable source of freshwater. It also describes the Business Case, two Case Studies and the treatment technologies involved.
2. Overview
RCRA / Texas SWDA
CERCLA / Texas SWDA
Brownfield Redevelopment
St
Storm Water Management
W t M t
Floodplains and Wetlands
Asbestos & Lead
Endangered Species
Trends – Sustainable Development
3. RCRA / Texas SWDA
Waste management - “Cradle-to-grave”
Allows EPA to address releases from
underground storage tanks
Injunctive relief available if “imminent and
substantial endangerment”
5. Trinity River Audubon Center
EFFORT TO HAUL IT OUT?
City s
City’s Expert Report Estimated:
12 year excavation process
146,000 truckloads of materials
Semi trucks must enter/exit every 3
minutes with 15 pieces of h
i t ith i f heavy
construction equipment operating 8
hours per day
$107,000,000.00
13. CERCLA / Texas SWDA
CERCLA Defenses
Innocent Landowner
Contiguous Property Owner
Bona fide Prospective Purchaser
p
Requires “All Appropriate Inquiry”
ASTM E1527-05 – consistent with final
rule on AAI
Codified at 40 CFR Part 312
14. CERCLA / Texas SWDA
Why Perform Assessment?
Set transaction condition
√ Liability allocation
√ Remediation conditions
Who pays?
Who runs the show?
Permitted uses?
How clean?
Who’s the long-term caretaker?
√ Construction-related issues
Lender requirements
Asset valuation
15. CERCLA / Texas SWDA
Recognized Environmental Conditions
AIA Components
Co po e s
Records review
Site reconnaissance
Interviews with owners, occupants,
operators and state and local
regulatory agencies
Report
Qualified environmental professional
16. CERCLA / Texas SWDA
AAI Does Not Radon
Cover: Mold
Petroleum Municipal solid
waste
Asbestos in
buildings
b ildi Wetlands
Lead-based paint Threatened and
endangered
Lead in drinkingg
species
water
Archeological and
Indoor air
cultural
pollution/vapor
intrusion Regulatory
compliance
17. CERCLA / Texas SWDA
If REC → Phase II Invasive sampling of
Soil
Ground water
Surface water
Sediment
18. Brownfield Redevelopment
Texas Risk Reduction Program
Remedy Standard A
Self Implemented
Meets critical PCLs
No physical or institutional controls
19. Brownfield Redevelopment
Texas Risk Reduction Program
Remedy Standard B
Prior TCEQ approval required
Meets critical PCLs
Physical and institutional controls may
be used
20. Brownfield Redevelopment
Goal – get environmentally impaired
p p
properties back on the market
Manage CERCLA and other environmental
risks
21. Brownfield Redevelopment
Texas Voluntary Cleanup Program
Remediate to meet Texas standards
Certificate of Completion – releases future
owners and lenders from liability to Texas
Must apply before taking title
Must apply before performing remediation
22. Brownfield Redevelopment
Texas Innocent Owner/Operator
Program
Immune from liability if
Property contaminated by release or
migration from off-site source or
sources, and
Did not cause or contribute to the
source or sources of the contamination
26. Release Reporting
Storage tank systems
Non-tank releases
“Whenever an accidental discharge or
spill occurs from an activity or at a
facility which causes or may cause
pollution . . . “
27. Storm Water Management
Typical Problems – Construction
Extensive siltation and sediment deposits
p
Excessive storm water discharges
Storm water relocates hazardous
substances from industrial run-off
28. Storm Water Management
Clean Water Act
NPDES Program
g
Regulates discharge of any pollutant
from any point source to navigable
waters
TPDES Program
29. Storm Water Management
Construction General Permit
What’s regulated
What s
Large construction activities
Disturbs > 5 acres
Small construction activities
Disturbs > 1 acre
Part of larger “common plan of
development”
p
30. Storm Water Management
Construction General Permit
Storm Water Pollution Prevention Plan
File Notice of Intent (NOI)
Pay Fee
Post Construction Site Notice with NOI
Construction
File Notice of Termination
31. Storm Water Management
Enforcement
Government enforcement – EPA priority
CWA citizen suits
Failure to obtain permit
Ongoing violation of a permit
Trespass nuisance negligence claims
Trespass, nuisance,
32. Floodplains
Land subject to inundation by the 100-year
flood
Designated by FEMA maps
Regulated at local level
33. Wetlands
Areas inundated or saturated by surface or
g
ground water at a frequency and duration
q y
sufficient to support a prevalence of
vegetation typically adapted for life in
saturated soil conditions
d il di i
34. Wetlands
Rapanos v. United States (2006)
Scalia, Renquist, Thomas, and Alito
Opinion:
J i di ti only over relatively
Jurisdiction l l ti l
permanent, standing or continuously
flowing bodies of water forming
streams, oceans, rivers, and lakes,
AND
Wetlands with a continuous surface
connection thereto
35. Wetlands
Rapanos v United States (2006)
v.
Kennedy Opinion:
Jurisdiction over water or wetland if it
possesses a “significant nexus” to
waters that are navigable i f t or th t
t th t i bl in fact that
could reasonably be so made
Significant nexus - wetlands alone or
wetlands,
in combination with similarly situated
lands in the region, significantly affect
the chemical, physical and biological
integrity of traditionally navigable water
36. Wetlands
Rapanos v United States (2006)
v.
Stevens Souter, Ginsburg, and Breyer
Stevens, Souter Ginsburg
Dissent:
Jurisdiction extends to the outer limits
of the commerce power
37. Wetlands
EPA and USACE Memorandum
Follow Kennedy Opinion
Jurisdiction:
T diti
Traditional navigable waters
l i bl t
Relatively permanent, non-navigable
tributaries of traditional navigable
waters
Wetlands d ec y adjace to bo ,
e a ds directly adjacent o both,
even if no continuous surface
connection
38. Wetlands
EPA and USACE Memorandum
Case-by-Case Significant Nexus
Evaluation
Non-navigable tributaries - NOT
relatively permanent
l i l
Wetlands adjacent to non-navigable
tributaries - NOT relatively permanent
Wetlands adjacent to, but not directly
abutting,
abutting relatively permanent tributary
39. Wetlands
Texas § 401 Certification
TCEQ certifies § 404 permit complies with
Texas water quality standards
Tier I
Small project
Checklist - incorporates all applicable
BMPs
Tier II – Individual certification
Imposes regional conditions on NWPs
40. Asbestos
TSCA
Production, use, disposal
Clean Air Act
Air emissions (NESHAP)
Concern - friable asbestos and some non-
friable
41. Asbestos
Demolition and Renovation
Texas Asbestos Health Protection Rules
Asbestos survey
Remove all ACM before demolition or
renovation, with certain exceptions
Municipal ordinances
43. Lead-Based Paint
1977 - CPSC ban
1996 - Lead Paint Disclosure Regulations
2010 - Lead Renovation, Repair and
Painting Rule
44. Endangered Species Act
Prohibits any action that results in a
"taking" of a listed species, or adversely
g p , y
affects habitat
Plants and animals
US Fish & Wildlife
1500 endangered species
300 threatened species
45. Trends
Greenhouse Gas Regulation
Massachusettes v. EPA (2007)
GHG Reporting Required (9/09)
Endangerment finding (
g g (12/09)
)
Regulation of GHGs under CAA (3/10)
Tailoring Rule (5/10)