Legal Issues In Real Estate Development Introduction to Environmental LawAllen Matkins
On March 27, 2013, Emily L. Murray presented, together with Eddie Arslanian of ENVIRON, a class on environmental law at USC, as part of a graduate class entitled ‘Legal Issues in Real Estate Development’ offered by USC's Masters in Real Estate Development (MRED) curriculum.
Outlines the different options for Environmental Due Diligence, how to interrupt Recognized Environmental Conditions outlined by your consultant and how to address them. Find out what a Phase II is and when it could be warranted. Presentation highlights difference between these two very different types of Environmental Assessments.
Untangling the Web of Confusion Around the ASTM E1527-13 Phase I StandardEDR
Presentation by Anthony J. Buonicore
Fall 2013 DDD Tour
For environmental due diligence firms, 2013 is the year of a new version of the ASTM E 1527 Phase I environmental site assessment standard. And updates to the protocol for Phase I ESAs trigger a period of education and eventually, adjustment. With release of the standard expected in early November, the challenge for environmental due diligence professionals is to be trained and ready to make the switch as soon as the standard is published. How ready is your team to make the transition? What areas are still confusing? Tune into the industry’s leading expert to clear up any confusion on:
-Status of the E1527-13 Standard
-How the E1527-13 Standard differs from the E1527-05 Standard
-Key questions related to:
The new REC/HREC/CREC definitions
Vapor migration screening
Regulatory file review
Phase I pricing
-Implementation suggestions
Legal Issues In Real Estate Development Introduction to Environmental LawAllen Matkins
On March 27, 2013, Emily L. Murray presented, together with Eddie Arslanian of ENVIRON, a class on environmental law at USC, as part of a graduate class entitled ‘Legal Issues in Real Estate Development’ offered by USC's Masters in Real Estate Development (MRED) curriculum.
Outlines the different options for Environmental Due Diligence, how to interrupt Recognized Environmental Conditions outlined by your consultant and how to address them. Find out what a Phase II is and when it could be warranted. Presentation highlights difference between these two very different types of Environmental Assessments.
Untangling the Web of Confusion Around the ASTM E1527-13 Phase I StandardEDR
Presentation by Anthony J. Buonicore
Fall 2013 DDD Tour
For environmental due diligence firms, 2013 is the year of a new version of the ASTM E 1527 Phase I environmental site assessment standard. And updates to the protocol for Phase I ESAs trigger a period of education and eventually, adjustment. With release of the standard expected in early November, the challenge for environmental due diligence professionals is to be trained and ready to make the switch as soon as the standard is published. How ready is your team to make the transition? What areas are still confusing? Tune into the industry’s leading expert to clear up any confusion on:
-Status of the E1527-13 Standard
-How the E1527-13 Standard differs from the E1527-05 Standard
-Key questions related to:
The new REC/HREC/CREC definitions
Vapor migration screening
Regulatory file review
Phase I pricing
-Implementation suggestions
Clearing Up the Confusion About the ASTM E 1527-13 Phase I ESA StandardEDR
Presented by EDR’s Dianne Crocker and Pat Coyne at the 1/7/14 meeting of the Environmental Professionals Organization of Connecticut. Content provides an overview of the key areas of change in ASTM’s E 1527-13 Phase I environmental site assessment standard, the reactions from environmental professionals, attorneys, lenders and the U.S. EPA as well as an in-depth look at the challenges of conducting agency file review.
Panel discussion from the 2013 Client Summit
Pat Coyne, Moderator
Panelists:
John Sallman, Terracon
Julie Kilgore, Wasatch
Kathryn Peacock, Partner Engineering & Science
Intro to environmental site assessments (esa)Gordon Onley
This is a few slides from a 30 minute to 2 hour presentation I facilitate for commercial real estate professionals, on how environmental issues can impact properites.
Vapor Intrusion Developments and Concerns in CaliforniaMeyers Nave
Vapor Intrusion is the migration of chemical vapors from the subsurface into commercial and residential buildings. Vapors can migrate through soil and into buildings through cracks in foundations, basements, crawl spaces and sewers. In February 2020, the Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, and the State Water Resources Control Board issued in draft form Supplemental Guidance: Screening and Evaluating Vapor Intrusion which recommends a consistent approach when screening buildings for subsurface vapor risk to occupants and describes a framework for deciding when cleanup and/or mitigation is needed.
The regulated community expected regulators to finalize the long-awaited Guidance, but that may be delayed now that recent studies performed by the DTSC have emerged showing that the Supplemental Vapor Intrusion Guidance may have gone too far in its estimation of risk. The delay may provide some relief to site owners due to concerns that the attenuation factors prescribed in the Guidance were too conservative and would have made it impossible to achieve closure for sites with soil vapor contamination.
Rubidium Environmental - Environmental consultants. Environmental Site Assessment Phase 1, Phase 2, and site remediation services. 3228 South Service Road Suite 208, Burlington, ON L7N 3H8. www.Rb-enviro.com
Clearing Up the Confusion About the ASTM E 1527-13 Phase I ESA StandardEDR
Presented by EDR’s Dianne Crocker and Pat Coyne at the 1/7/14 meeting of the Environmental Professionals Organization of Connecticut. Content provides an overview of the key areas of change in ASTM’s E 1527-13 Phase I environmental site assessment standard, the reactions from environmental professionals, attorneys, lenders and the U.S. EPA as well as an in-depth look at the challenges of conducting agency file review.
Panel discussion from the 2013 Client Summit
Pat Coyne, Moderator
Panelists:
John Sallman, Terracon
Julie Kilgore, Wasatch
Kathryn Peacock, Partner Engineering & Science
Intro to environmental site assessments (esa)Gordon Onley
This is a few slides from a 30 minute to 2 hour presentation I facilitate for commercial real estate professionals, on how environmental issues can impact properites.
Vapor Intrusion Developments and Concerns in CaliforniaMeyers Nave
Vapor Intrusion is the migration of chemical vapors from the subsurface into commercial and residential buildings. Vapors can migrate through soil and into buildings through cracks in foundations, basements, crawl spaces and sewers. In February 2020, the Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, and the State Water Resources Control Board issued in draft form Supplemental Guidance: Screening and Evaluating Vapor Intrusion which recommends a consistent approach when screening buildings for subsurface vapor risk to occupants and describes a framework for deciding when cleanup and/or mitigation is needed.
The regulated community expected regulators to finalize the long-awaited Guidance, but that may be delayed now that recent studies performed by the DTSC have emerged showing that the Supplemental Vapor Intrusion Guidance may have gone too far in its estimation of risk. The delay may provide some relief to site owners due to concerns that the attenuation factors prescribed in the Guidance were too conservative and would have made it impossible to achieve closure for sites with soil vapor contamination.
Rubidium Environmental - Environmental consultants. Environmental Site Assessment Phase 1, Phase 2, and site remediation services. 3228 South Service Road Suite 208, Burlington, ON L7N 3H8. www.Rb-enviro.com
Evaluating and Managing Environmental Risk in Business TransactionsQuarles & Brady
Whether you are a buyer, a seller, or a lender, it is important to understand the environmental liability risks in a transaction, and how to assess and manage those risks during the course of the transaction.
Implications of Greenhouse Gas (GHG), Volatile Organic Compounds (VOC), and F...All4 Inc.
John Slade and Dan Holland of All4 Inc. present "Implications of Greenhouse Gas (GHG), Volatile Organic Compounds (VOC), and Fine Particulate (PM2.5) to Air Quality Permitting". The presentation provides an overview of the implication of newly adopted rules to New Source Review (NSR), major modifications, emissions under NSR, and flexibility in air permitting.
Philippine Envaironmental Impact System System. This my presentation in one of my subject Mining 103.. i tried my best just to finish this.. although this report did not cover all the sections in the PEISS.
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The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and the most important thing — more traffic and customers. Along with these benefits, the holidays also bring retail owners some legal and practical challenges.
2011 Northern California Real Estate Women of InfluenceAllen Matkins
The awards program, co-sponsored by the Business Times and law firm Allen Matkins — recognized more than 50 women as Hall of Fame inductees, honorees and rising stars.
Every since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California Constitutions. This can create problems for landlords who are trying to provide a pleasant retail environment for their guests and tenants.
Recent case law has changed the rules, but Allen Matkins has created a set of model rules for shopping center landlords. These rules address the time, place and manner issues upon which free speech can be limited in shopping malls.
"Understanding the Carbon Cycle: Processes, Human Impacts, and Strategies for...MMariSelvam4
The carbon cycle is a critical component of Earth's environmental system, governing the movement and transformation of carbon through various reservoirs, including the atmosphere, oceans, soil, and living organisms. This complex cycle involves several key processes such as photosynthesis, respiration, decomposition, and carbon sequestration, each contributing to the regulation of carbon levels on the planet.
Human activities, particularly fossil fuel combustion and deforestation, have significantly altered the natural carbon cycle, leading to increased atmospheric carbon dioxide concentrations and driving climate change. Understanding the intricacies of the carbon cycle is essential for assessing the impacts of these changes and developing effective mitigation strategies.
By studying the carbon cycle, scientists can identify carbon sources and sinks, measure carbon fluxes, and predict future trends. This knowledge is crucial for crafting policies aimed at reducing carbon emissions, enhancing carbon storage, and promoting sustainable practices. The carbon cycle's interplay with climate systems, ecosystems, and human activities underscores its importance in maintaining a stable and healthy planet.
In-depth exploration of the carbon cycle reveals the delicate balance required to sustain life and the urgent need to address anthropogenic influences. Through research, education, and policy, we can work towards restoring equilibrium in the carbon cycle and ensuring a sustainable future for generations to come.
Characterization and the Kinetics of drying at the drying oven and with micro...Open Access Research Paper
The objective of this work is to contribute to valorization de Nephelium lappaceum by the characterization of kinetics of drying of seeds of Nephelium lappaceum. The seeds were dehydrated until a constant mass respectively in a drying oven and a microwawe oven. The temperatures and the powers of drying are respectively: 50, 60 and 70°C and 140, 280 and 420 W. The results show that the curves of drying of seeds of Nephelium lappaceum do not present a phase of constant kinetics. The coefficients of diffusion vary between 2.09.10-8 to 2.98. 10-8m-2/s in the interval of 50°C at 70°C and between 4.83×10-07 at 9.04×10-07 m-8/s for the powers going of 140 W with 420 W the relation between Arrhenius and a value of energy of activation of 16.49 kJ. mol-1 expressed the effect of the temperature on effective diffusivity.
Natural farming @ Dr. Siddhartha S. Jena.pptxsidjena70
A brief about organic farming/ Natural farming/ Zero budget natural farming/ Subash Palekar Natural farming which keeps us and environment safe and healthy. Next gen Agricultural practices of chemical free farming.
WRI’s brand new “Food Service Playbook for Promoting Sustainable Food Choices” gives food service operators the very latest strategies for creating dining environments that empower consumers to choose sustainable, plant-rich dishes. This research builds off our first guide for food service, now with industry experience and insights from nearly 350 academic trials.
Artificial Reefs by Kuddle Life Foundation - May 2024punit537210
Situated in Pondicherry, India, Kuddle Life Foundation is a charitable, non-profit and non-governmental organization (NGO) dedicated to improving the living standards of coastal communities and simultaneously placing a strong emphasis on the protection of marine ecosystems.
One of the key areas we work in is Artificial Reefs. This presentation captures our journey so far and our learnings. We hope you get as excited about marine conservation and artificial reefs as we are.
Please visit our website: https://kuddlelife.org
Our Instagram channel:
@kuddlelifefoundation
Our Linkedin Page:
https://www.linkedin.com/company/kuddlelifefoundation/
and write to us if you have any questions:
info@kuddlelife.org
Willie Nelson Net Worth: A Journey Through Music, Movies, and Business Venturesgreendigital
Willie Nelson is a name that resonates within the world of music and entertainment. Known for his unique voice, and masterful guitar skills. and an extraordinary career spanning several decades. Nelson has become a legend in the country music scene. But, his influence extends far beyond the realm of music. with ventures in acting, writing, activism, and business. This comprehensive article delves into Willie Nelson net worth. exploring the various facets of his career that have contributed to his large fortune.
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Introduction
Willie Nelson net worth is a testament to his enduring influence and success in many fields. Born on April 29, 1933, in Abbott, Texas. Nelson's journey from a humble beginning to becoming one of the most iconic figures in American music is nothing short of inspirational. His net worth, which estimated to be around $25 million as of 2024. reflects a career that is as diverse as it is prolific.
Early Life and Musical Beginnings
Humble Origins
Willie Hugh Nelson was born during the Great Depression. a time of significant economic hardship in the United States. Raised by his grandparents. Nelson found solace and inspiration in music from an early age. His grandmother taught him to play the guitar. setting the stage for what would become an illustrious career.
First Steps in Music
Nelson's initial foray into the music industry was fraught with challenges. He moved to Nashville, Tennessee, to pursue his dreams, but success did not come . Working as a songwriter, Nelson penned hits for other artists. which helped him gain a foothold in the competitive music scene. His songwriting skills contributed to his early earnings. laying the foundation for his net worth.
Rise to Stardom
Breakthrough Albums
The 1970s marked a turning point in Willie Nelson's career. His albums "Shotgun Willie" (1973), "Red Headed Stranger" (1975). and "Stardust" (1978) received critical acclaim and commercial success. These albums not only solidified his position in the country music genre. but also introduced his music to a broader audience. The success of these albums played a crucial role in boosting Willie Nelson net worth.
Iconic Songs
Willie Nelson net worth is also attributed to his extensive catalog of hit songs. Tracks like "Blue Eyes Crying in the Rain," "On the Road Again," and "Always on My Mind" have become timeless classics. These songs have not only earned Nelson large royalties but have also ensured his continued relevance in the music industry.
Acting and Film Career
Hollywood Ventures
In addition to his music career, Willie Nelson has also made a mark in Hollywood. His distinctive personality and on-screen presence have landed him roles in several films and television shows. Notable appearances include roles in "The Electric Horseman" (1979), "Honeysuckle Rose" (1980), and "Barbarosa" (1982). These acting gigs have added a significant amount to Willie Nelson net worth.
Television Appearances
Nelson's char
DRAFT NRW Recreation Strategy - People and Nature thriving together
Recent Developments in Environmental Due Diligence
1. RECENT DEVELOPMENTS IN
ENVIRONMENTAL DUE DILIGENCE
ORANGE COUNTY BAR ASSOCIATION
REAL ESTATE SECTION
NOVEMBER 24, 2015
PRESENTED BY
Eddie Arslanian, PE
Ramboll Environ
Pamela Andes, Esq.
Emily Murray, Esq.
Allen Matkins Leck Gamble
Mallory & Natsis LLP
2. AGENDA
• Background
• Bona Fide Prospective Purchaser (BFPP) Liability Protection
• New ASTM Standard
• Characterization of Environmental Conditions
• Vapor Intrusion
• Conclusions/Take Aways
3. BACKGROUND
What is environmental due diligence?
• Environmental due diligence is the pre-transaction (purchase, lease, sale,
finance) investigation of environmental conditions and history of the
subject property
• Good commercial and customary practice for environmental due diligence
for real property is a Phase I environmental site assessment (ESA)
4. BACKGROUND (CONTINUED)
Why conduct environmental due diligence?
• Liability protection under federal law
• Evaluate potential environmental risks and costs
• Plan development based on any environmental restrictions
5. BACKGROUND (CONTINUED)
Liability protection
• The Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) provides statutory defenses for innocent land
owners/operators, contiguous property owners/operators, and bona fide
prospective purchasers/tenants (BFPP)
• To qualify for these statutory defenses, the owner/operator must conduct
“All Appropriate Inquiry” (AAI) prior to transaction
6. BFPP LIABILITY PROTECTION
Elements of BFPP Defense
• A BFPP is “a person (or a tenant of a person)” that acquires ownership of
a facility after the release of the hazardous substances and after January
11, 2002, and who meets the following criteria (see 42 U.S.C. §
9601(40)):
• Conducted “all appropriate inquiries” (AAI) into the previous ownership
and uses of the property
• The disposal of hazardous substances on the site occurred before
acquisition
• Provide all legally required notices regarding the release
• Provide full cooperation, assistance and access to those conducting
response actions
7. BFPP LIABILITY PROTECTION (CONTINUED)
Elements of BFPP Defense
• Comply with institutional and engineering controls and do not impede
their effectiveness
• Comply with governmental requests for information and subpoenas
• Not already liable, affiliated with a responsible party, or simply the
reorganized entity of a responsible party
• Exercise appropriate care with respect to the hazardous substances found
– stop continuing release, prevent threatened future release, and prevent
exposure
8. NEW ASTM STANDARD
AAI/ASTM Standard
• In 2005, the federal Environmental Protection Agency (USEPA) adopted its
AAI Rule, which endorsed the Phase I ESA standard promulgated by the
ASTM to satisfy the statutory requirements for conducting AAI
• ASTM updates the standard every eight years
• In 2013, ASTM finalized ASTM E1527-13, which updated the prior
standard
• On December 30, 2013, USEPA issued a new final rule amending the AAI
Rule to include a reference to the new ASTM Standard E1527-13
• The new ASTM Standard E1527-13 should now be used to satisfy AAI
9. KEY CHANGES
• Revised or new definitions for:
‒Recognized Environmental Condition (REC)
‒Historical Recognized Environmental Condition (HREC)
‒Controlled Recognized Environmental Condition (CREC)
• Emphasis on regulatory file reviews
• Revisions to user responsibilities
• Vapor intrusion clarification
10. REVISED DEFINITIONS: REC
Recognized Environmental Condition (REC)
• 2013: The presence or likely presence of any hazardous substances
or petroleum products in, on, or at a property:
‒due to any release to the environment
‒under conditions indicative of a release to the environment
‒under conditions that pose a material threat of a future release to
the environment
11. REVISED DEFINITIONS: HREC
Historical Recognized Environmental Condition (HREC)
• 2013: An HREC is a REC that has been addressed to the satisfaction of a
regulatory agency or meets unrestricted use criteria without subjecting
the site to controls, such as property use restrictions, activity and use
limitations (AULs), institutional controls, or engineering controls
• Requires confirmation by an environmental professional (EP) that finding
is no longer a REC (i.e., standards have not changed)—applicable when
updating a previous Phase I report
12. NEW DEFINITIONS
Controlled REC (CREC)
• An REC that has been addressed to the satisfaction of a regulatory agency
or meets risk-based criteria
• Hazardous substances or petroleum products allowed to remain in place
subject to implementation of controls (e.g., AULs, engineering controls)
• CRECs must be identified in the conclusions section of the report
• Evaluation of adequacy of controls is not required of EP
• CREC identification important for satisfying post-acquisition continuing
obligations of property owner
De Minimis Condition
• Now a stand alone definition (pulled out of REC definition)
13. REC-HREC-CREC RELATIONSHIP
Contamination in,
at or on the target
property
Is it
de minimis?
Would
regulatory
officials view
cleanup as
adequate
today?
Are there
‘controls,’
such as use
restrictions?
REC
De Minimis
CREC
HREC
YES
YES
YES
NO
NO
NO
YES
NO
Has it been
addressed?
14. HREC EXAMPLE
PROPERTY WITH PETROLEUM HYDROCARBON IMPACTS
AND NO FURTHER ACTION
• Site with removed underground storage tanks and dated NFA letter
• Prior sampling data collected with detection limits set above today’s
regulatory screening levels
• Under today’s standards, consultant unable to characterize issue as HREC
• Seller refused subsurface investigation
• Buyer solution was to develop a cost analysis based on worst case
scenario
15. SOUTHERN CALIFORNIA SITE - SIGNIFICANT DATA GAP
• Site with history of past chemical impacts with current NFA status
• Prior sampling data not readily available to make appropriate
characterization under current ASTM
• Under prior standards, NFA letter sufficient to characterize the issue
• Under current standard, underlying data needs to be evaluated to make
appropriate determination
16. VAPOR INTRUSION – CLARIFIED
• Vapor intrusion: migration of hazardous vapors from a subsurface
contaminant source (e.g., soil or groundwater) through the vadose zone
and into the indoor air
• Significant and challenging environmental remediation issue
• Vapor migration is clarified and considered “no differently” than
contaminated groundwater migration
17. VAPOR INTRUSION – CLARIFIED
Indoor air
Vadose Zone
Soil Gas
{
{
Soil
Contamination
(residual or
mobile NAPL)
Chemical Vapr Migration
crawl space
slab
18. VAPOR INTRUSION – CLARIFIED
• ASTM E2600-10 Standard Guide for Vapor Encroachment Screen on
Property Involved in Real Estate Transactions now referenced
• When evaluating vapor intrusion, note that there are differences between
Cal/EPA and USEPA methodologies
• New USEPA TCE toxicity factor (2011 - more conservative)
• New USEPA PCE toxicity factor (2012 - less conservative)
19. SOUTHERN CALIFORNIA PROPERTY
CREC - VAPOR INTRUSION
• Following significant soil excavation effort and soil/soil vapor sampling,
the agency had issued an NFA letter in 1997
• Property owner had difficulty selling the property with the existing
available data
• Performed additional soil vapor sampling/screening risk to evaluate
current soil vapor conditions
• Characterized the current conditions as a CREC providing clarity on the
issue
• Property was sold shortly thereafter
20. NORTHERN CALIFORNIA TCE EXAMPLE
• TCE was historically viewed as a long-term exposure concern
• EPA’s recent change in toxicity evaluation has identified TCE as a short-
term reproductive concern
• EPA has identified an acute TCE concentration which triggers urgent
response action
• EPA’s requirements necessitate essentially continuous, real time
monitoring
• Employers facing challenges sampling the air real time and establishing
appropriate response protocols
• Tension between being proactive and being over-reactive