top ten environmental ethical trap doors...w. thomas lavender, jr., esq. [email protected]...
TRANSCRIPT
Environmental Site Selection www.nexsenpruet.com
‣ Failure to adequately prepare client for aregulatory inspection
‣ Grant or deny access
‣ Prepared for inspection
‣ Advised of appropriate responses
‣ Records available for review
NUMBER TEN
Environmental Site Selection www.nexsenpruet.com
‣ Failure to advise (timely) purchaser clientof availability of VCP liability protection
NUMBER NINE
Environmental Site Selection www.nexsenpruet.com
‣ Failure to advise (timely) purchaser clienton of availability of available riskmanagement opportunities for UST trustfund
NUMBER EIGHT
Environmental Site Selection www.nexsenpruet.com
‣ Failure to advise purchaser/seller client onimplications of due diligence language inpurchase/sale/contract
NUMBER SEVEN
Environmental Site Selection www.nexsenpruet.com
‣ Failure to clarify ongoing status ofrepresentation
‣ Does it include advising client ofstatutory/regulatory changes
‣ Does it include reminders of significantregulatory obligations
NUMBER SIX
Environmental Site Selection www.nexsenpruet.com
‣ Failure to understand and advisepurchaser client regarding RECs identifiedin Phase I ESA
NUMBER FIVE
Environmental Site Selection www.nexsenpruet.com
‣ Relying upon an inadequately prepared ornon-conforming Phase I ESA report
NUMBER FOUR
Environmental Site Selection www.nexsenpruet.com
‣ Failure to advise client on opportunity tomake a timely voluntary disclosure of anydeficiency discovered by the client in orderto assert civil penalty immunity
NUMBER THREE
Environmental Site Selection www.nexsenpruet.com
‣ Failure to address “continuing obligations”
‣ Can affect BFPP affirmative defense
‣ Site development activities can increase liabilityif RECs present
NUMBER TWO
Environmental Site Selection www.nexsenpruet.com
‣ Failure to advise purchaser client toperform an ASTM Phase I ESA prior toany commercial real estate transaction –and have current at time of closing
‣ Absence of lender requirement is immaterial
‣ CYA letter to client who elects to forgo Phase I
NUMBER ONE
