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Advanced Transactional Due Diligence With ASTM Environmental Assessment Standards

Understand how environmental assessment standards can reduce due diligence complications by providing common frames of reference.

Environmental due diligence is a common feature of corporate and real estate transactions, but can be complicated by the diverse perspectives and information needs of transaction parties. Purchasers conduct due diligence to understand liability risks and compliance costs. Lenders and insurers rely on due diligence to underwrite loans and policies. Regulators and courts scrutinize due diligence to test eligibility for certain statutory defenses. Environmental assessment standards can reduce due diligence complications by providing common frames of reference. ASTM International's practices and guides outline concepts, terminology and procedures for many common due diligence tasks. The most familiar is E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, which the United States Environmental Protection Agency has endorsed as an alternative means to perform the all appropriate inquiry required to qualify for liability protections under the federal Superfund law. This material will cover not only the Phase I standard, but also other ASTM standards that provide a broad spectrum of due diligence tools. These standards support systematic analysis of environmental conditions and risks, and facilitate communication among diverse stakeholders by defining standardized procedures and nomenclature. The content will also cover issues currently under discussion as the standards undergo revision.

Runtime: 100 minutes
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Agenda

ASTM Environmental Site Assessment Standards: Overview

  • The ASTM Consensus Process for Standards Development
  • Using ASTM Standards for Site Assessment and Other Due Diligence Tasks
  • All Appropriate Inquiry and Other Benefits for Buyers, Sellers, Lenders and Insurers

Core Due Diligence: Phase I Assessment and Transaction Screen

  • ASTM E1527 Phase I Environmental Site Assessment
  • E1527 Revision: Issues Under Consideration
  • ASTM E1528 Transaction Screen

Extended Due Diligence: Phase II Assessment

  • ASTM E1903 Phase II Environmental Site Assessment
  • Using E1903-11 Standard Practice for Phase II Environmental Site Assessments
  • E1903 Revision: Issues Under Consideration

Evaluating Practical Effects of Environmental Concerns on Property Use

  • Continuing Obligations: ASTM E2790-11
  • Vapor Encroachment Screening: ASTM E2600-15
  • Activity and Use Limitations
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 12, 2019.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.7
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.7 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.7
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.7 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.75
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.75 hours of CLE credit.
     
  • NH MCLE 1.7
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 100 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 2.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 2.0 hours of CLE credit.
     
  • TN CLE 1.67
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.67 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.75
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.75 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Christopher P. McCormack, Esq.

Christopher P. McCormack, Esq.

Pullman & Comley LLC

  • Member, Pullman & Comley, LLC
  • Practice includes due diligence support for environmental aspects of corporate and real estate transactions, extensive litigation experience in environmental cost recovery and environmental insurance coverage litigation, including lead counsel responsibility for PRP coalitions at Superfund sites, and complex commercial litigation
  • Chair, ASTM Task Group for ASTM E1903-11, “Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process;” Member and Former Membership Secretary of ASTM Committee E50 on Environmental Assessment, Risk Management and Corrective Action
  • Author and speaker on environmental topics, including guest lectures at the City College of New York on the ASTM Phase II standard. Author of “The ASTM Standard for Phase II Environmental Site Assessments,” published in Bloomberg BNA , “Daily Environmental Report” and recognized by the Burton Awards for excellence in legal writing in 2013
  • Legislative liaison and former Chair (2015-2017) of the Environmental Section of the Connecticut Bar Association
  • Listed in Chambers USA, Best Lawyers in America, Super Lawyers; fellow of the American Bar Foundation; Life Fellow of Connecticut Bar Foundation
  • Graduate of Yale University and Fordham Law School
  • Can be contacted at [email protected] or 203-330-2016
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Product ID: 405008
Published 2019
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