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Environmental Due Diligence in Real Estate Transactions

SKU: REL3800
Total Credits
1.5 - 2.2
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Contamination in a property may be the cause of numerous health and environmental hazards. Just as numerous are the Federal and State laws that apply to such sites. This CLE course will explain these legalities as well as requirements for attorneys representing potential purchasers or companies with potentially contaminated facilities such as evaluating potential risk and constructing protective contracts. The course will review Phase I and II environmental reports, CERCLA issues and due diligence.

Lecturer Bios

James J. Periconi, Esq.

James Periconi’s practice focuses almost equally on commercial property transaction counseling, environmental litigation and regulatory matters. His developer and property-owning clients prize the creative, innovative ways he brings even difficult deals to a successful conclusion. He has reduced fines dramatically in significant EPA enforcement matters for public companies to below materiality thresholds. He has had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions for such sites (most recently, successfully settling a major contribution action for half of Westchester County’s municipalities). Mr. Periconi has twice been appointed a federal court Special Master in Clean Water Act cases and often acts as an expert witness in environmental law in federal and state actions.

Michael Novak, LSRP

Michael Novak is the President of Atlantic Environmental Solutions, Inc. (AESI). He has 19 years of experience in the management and implementation of environmental consulting and remediation services. Mr. Novak has directed over $15 million in environmental projects at over 1,000 client locations across 45 states. Mr. Novak has extensive experience in assessing, reducing and eliminating environmental liabilities. His areas of expertise include: environmental due diligence, brownfields redevelopment, soil and groundwater investigation and remediation, underground storage tank compliance, hazardous waste management and regulatory coliance. Recently, a remediation project performed under his direction was awarded the 2005 Environmental Excellence Award by the New Jersey Business and Industry Association, a 23,000 member organization. Mr. Novak has testified successfully in court and has been deposed on multiple matters involving environmental issues. His court testimony has ranged from a one day appearance to a six week trial at State Superior Court in a complicated, corporate dispute regarding environmental remediation cost allocation as well as other environmental and regulatory compliance issues. Mr. Novak has assisted many owners in rebutting environmental remediation cost estimates prepared by public agencies and utilities under eminent domain and condemnation proceedings. Michael is a speaker on environmental matters for Lorman Education Services and speaks frequently to groups within the real estate industry on environmental topics.

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