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This 1-day course covers the Standard Guide for Identifying and Complying with Continuing Obligations (E2790). You will gain an understanding of how to use the standard and how it affects the way you do business.
The course covers the three liability protections available under CERCLA, how Continuing Obligations relate to the liability protections, when continuing obligations apply, and why compliance with them is critical. You'll learn what continuing obligations are, how they can be identified, why they are important to a purchaser of property, when they apply, and how long they apply. In addition, the course covers what a Continuing Obligations Plan is and its importance. The class will review the standard, review relevant case law, and discuss case studies -- real world examples of redeveloped sites at which continuing obligations apply.
By the end of this course you will be able to:
Class: 8:00 a.m. - 4:00 p.m.
ASTM E2790 Standard Guide for Identifying and Complying with Continuing Obligations
John Herbert has taught the Phase I ESA and Phase II ESA standards for more than 15 years. He helped update the Phase I standard to incorporate continuing obligations after they were introduced by the Brownfields Amendments and he works at sites where continuing obligations apply.
Mike Sowinski is the Vice President of Terradex. He brings nearly 25 years of engineering and legal experience on environmental cleanup and redevelopment, compliance, and pollution control, and is an expert in the niche area of institutional controls and cleanup site long-term stewardship, about which he has established himself as a national expert and thought leader. Mike earned his BS and MS in civil and environmental engineering from the University of Maryland, and a JD from Vermont Law School. Among others things, Mike leads the ASTM Task Group that drafted E 2790, the Standard Guide for Continuing Obligations, and he co-authored “Revitalizing the Brownfields Revitalization and Environmental Restoration Act: Harmonizing the Liability Defense Language to Achieve Brownfield Restoration” published in the University of Virginia Environmental Law Journal.
Organized in 1898, ASTM is one of the world's largest voluntary standards development organizations. ASTM standards have grown to be among the world's most widely used and accepted documents. Recognizing the need for authoritative site assessment standards, ASTM pulled together environmental professionals, real estate and insurance professionals, lawyers, and government representatives. The members of ASTM Committee E50 and its Subcommittee E50.02 on Commercial Real Estate Transactions developed the standard upon which this course is based. For more information on Committee E50 contact Molly Lynak or go to our E50 technical committee page.
.5 Continuing Education Units or 5 PDH
If your state has a continuing education requirement for license renewal, ASTM training courses and ASTM membership can help you meet that requirement.
Note: Because of the potential for course changes or cancellations, it is not advisable to make non-refundable accommodation reservations, since ASTM cannot be responsible for any loss incurred.
If you need to cancel your attendance in this class, phone or email notification to me is required five (5) business days prior to the first day of the seminar. You may receive a full refund, minus a $100 administrative fee, up to and including the 5th business day before the seminar. You may transfer your registration to another session (within the same calendar year), or designate an alternate attendee free of charge up to five (5) days prior to the first day of class. If you find that you cannot attend, and it is less than five (5) business days before the start of the seminar, you may send a replacement, with phone notice to me. If you are unable to send a replacement, you forfeit 50% of your registration fee.
Learning will be assessed through a series of question and answer sessions and a final quiz.
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