The standards for demonstrating that persons have conducted "all appropriate inquiry" into environmental conditions before acquiring a property are being revised pursuant to the Small Business Liability Relief and Brownfields Revitalization Act of 2001 ("Brownfields Law"). A new rule governing what will be deemed "all appropriate inquiry" under CERCLA is being promulgated by the US EPA. A draft of that proposed rule was made available to the public by EPA on December 5, 2003. With these new rules, there will be some significant changes in the environmental site assessment process.
This 2-hour online course reviews the current ASTM Standards applicable to Environmental Site Assessments, as well as how Brownfields Law and the proposed EPA standards are increasing the level of education, experience, effort and services that will be required of environmental professionals. Any professional consultant performing environmental site assessments will need to become familiar with the new standards in order to protect themselves and their clients from potential new risks and liabilities.
Relevant sections of the new Brownfields Law and the proposed EPA are set forth at length, together with a discussion of how they may be applied. Commentary and insights of individuals that participated on the committee that drafted the proposed EPA rule are included. The text of this course will be a handy and practical resource reference for those involved in environmental site assessments.
Understand the important aspects of the new Brownfields Law impacting the performance of an environmental site assessment (ESA) and the standards to be applied by the environmental professionals performing such an ESA.
Be familiar with many of the details of the new EPA proposed rule with respect to the standards to be applied when conducting an ESA.
Be better able to provide professional services for project owners desirous of receiving the benefit of the innocent landowner defense under the Superfund Law.
Understand how the new requirements and implementing policies and procedures to assure compliance with these standards reduces risk of liability and you may benefit from better and less expensive insurance coverage than might otherwise be available.
This course is by J. Kent Holland, Esq. - a nationally known construction lawyer with 25 years experience representing project owners, design firms and contractors, and governmental agencies (including 5 years as an attorney with the U.S. Environmental Protection Agency). The co-author of the course is Richard Zarandona, Vice President of the Arch Insurance Group, Environmental and Design Professional Liability Unit. He has a Masters Degree in engineering and is a licensed professional engineer in numerous states. Mr. Zarandona has spent more than 25 years working in the environmental and insurance fields. He has provided expert testimony for environmental projects and has managed Phase I and Phase II site assessments, site remediations and numerous Federal and State clean up actions and studies.
SUBJECT MATTER EXPERT: Kent Holland
J. Kent Holland is a construction lawyer located in Tysons Corner, Virginia, with a national practice (formerly with Wickwire Gavin, P.C (1986 – 2007), and now with Construction Risk Counsel, PLLC) representing design professionals, contractors and project owners. He is founder and president of a consulting firm, ConstructionRisk, LLC, providing consulting services to owners, design professionals, contractors and attorneys on construction projects – including assistance with contract drafting, review and negotiation; change order and claims analysis (preparation or defense); risk management advice concerning insurance coverage – including assistance with negotiating and drafting the terms and conditions of policies and endorsements, advice to insurance underwriters; guidance to those procuring insurance; change order and claim preparation, analysis and defense; contract preparation; contract review and contract negotiation.
From 1982 through 1986, he was an attorney in the Office of General Counsel of the U.S. Environmental Protection Agency, with responsibility for assisting the Agency in deciding wastewater treatment construction grants disputes, contractor claims, bid protests, suspension and debarment matters and minority business enterprise matters.
Mr. Holland is a frequent speaker for groups such as the American Bar Association and the International Risk Management Institute on the subjects of construction, environmental and insurance law and risk management. He has written several books, including “Contract Guide for Design Professionals,” (2012); “Working on Purpose,” (2011); “Risk Management for Design Professionals in a World of Change,” (2010); Risk Management & Contract Guide for Design Professionals (2006); Construction Law & Risk Management - Case Notes and Articles, (Vol. I. 2003 and Vol. II. 2006)); Architectural/Engineering Contracts Risk Management Guide (1997); and EPA Construction Grants Disputes: Surviving the Audit (1990). He has also has written chapters in several manuals and books for publishers including, Wiley Law, Aspen Law, and International Risk Management Institute (IRMI). He is publisher of a web-based construction risk management library and legal newsletter at http://www.ConstructionRisk.com, where he can be reached at Kent@ConstructionRisk.com. His free monthly electronic newsletter by the same name, analyzing recent legal cases and risk management issues impacting design professionals and design-builders.
Mr. Holland has served as a risk management consultant for the Design Professional Liability units of Zurich North America Insurance and Arch Insurance Group, and currently provides risk management services for those and other insurance carriers and insurance brokerage firms, as well as for design professional firms. In that capacity he has reviewed thousands of contracts of design professionals to comment on risk allocation and insurability of risks. He has assisted in drafting several unique insurance policy forms, including Owner's Protective Professional Indemnity Insurance (OPPI), and Contractor's Protective Professional Indemnity and Liability Insurance (CPPI) and Integrated Project Delivery (IPD) Professional Liability Insurance.
He is active in the Design Build Institute of America (DBIA), the American Council of Engineering Companies (ACEC) and the Construction Forum of the American Bar Association (ABA).
Mr. Holland is a 1979 graduate of the Villanova University School of Law.
![Environmental Site Assessments - ASTM & New EPA Standards [V.06]](/assets/images/large-placeholder-course.png)
2 hrs. Online Course