Brownfields Regulation, Remediation, and Redevelopment Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 5:00 pm
The 500 Pound Gorilla – Superfund Liability
P. Durning
Liability triggers under the federal and state Superfund statues
Penalties, liens, and other horribles
Key federal and state liability exemptions and their limitations
• Bona fide purchasers (federal)/eligible persons (MA)
– All appropriate inquiry
• Contiguous property owners (federal)/downgradient property status (MA)
• Lenders
Resource Conservation and Recovery Act (RCRA)
Developing a Remediation and Redevelopment Plan
– The Recipe
J. Porter, L. Feldman
Potentially applicable CERCLA and RCRA requirements
The Massachusetts Contingency Plan
Other potentially problematic legal requirements
Developing a Remediation and Redevelopment Plan
– The Cooks and their Roles
J. Porter, L. Feldman, A. Everts
Licensed site professional
Geotechnical engineer
Lawyer
Permit consultant
Government/community relations specialist
Environmental insurance specialist
New and Emerging Contaminant Concerns
and What to Do About Them
I. Phillips, K. Dilawari
Vapor intrusion
PFAS
Asbestos in soil
Other Risk Spreaders/Mitigators
S. Calnan, B. Harper, L. Feldman
Brownfield Redevelopment Assistance (MassDevelopment)
• Loans
• Grants
Covenant not to sue
Fixed price remedial contracts
Credits
This seminar is open to the public and
offers a 7.0 hour non-credit continuing
education opportunity to Massachusetts:
• Attorneys • Professional Engineers
• Geologists • Landscape Architects (LACES Pending)
• Architects (AIA/CES Approved)
• All Other Interested Parties
Continuing Education Credit Information
This seminar is open to the public and offers a 7.0 hour non-credit/non-mandatory education opportunity to Massachusetts attorneys, engineers, geologists, land scape architects, architects and other interested parties.
This course is approved by the American Institute of Architects Continuing Education System for 7.0 LU|HSW and the Landscape Architect Continuing Education System for 7.0 HSW PDHs. Please visit www.halfmoonseminars.org for complete AIA/CES information under this course listing. Only full attendance is reportable to the AIA/CES and LA/CES.
Professional engineers seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Sean Calnan
MassDevelopmentSenior Vice President, Predevelopment Finance, MassDevelopment
A member of MassDevelopment’s Community Development Division since 1998, Mr. Calnan is responsible for the statewide administration of the Brownfields Redevelopment Fund, the Collaborative Workspace Program, the Predevelopment Loan Program, and the Cultural Facilities Fund. Combined, these programs have provided over $200 million in over 1,700 financings to borrowers and grantees throughout the Commonwealth.
Prior to joining MassDevelopment, Mr. Calnan served from 1995-1998 as Assistant Legal Counsel for the Massachusetts Office of Business Development, and as the Director of the Economic Assistance Coordinating Council, a board charged with certifying expanding businesses for state and local tax incentives through the Economic Development Incentive Program.
Mr. Calnan is a graduate of Boston College and Suffolk University Law School.
MassDevelopment, the state’s finance and development agency, works with businesses, nonprofits, banks, and communities to stimulate economic growth. During FY2019, MassDevelopment financed or managed 316 projects generating investment of more than $2 billion in the Massachusetts economy. These projects are estimated to create or support 9,743 jobs and build or preserve 1,992 housing units.
Katherine Dilawari
Haley & Aldrich, IncSenior Associate, Haley & Aldrich, Inc.
Ms. Dilawari has diverse experience in environmental site characterization, remediation, and redevelopment of contaminated sites under the Massachusetts Contingency Plan (MCP), as well as the Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). She has successfully managed large and complex projects which require environmental due diligence consultation for property acquisition, environmental compliance strategy development, selection, design and implementation of remediation program, design, implementation and testing of vapor intrusion mitigation systems, and regulatory compliance documentation.
Ms. Dilawari has a technical background in both environmental and geotechnical engineering and has also provided project management and project engineering services for large construction projects which have included excavation earth support, foundation construction, excavated soil management, and construction dewatering. With this dual technical experience, Ms. Dilawari is uniquely capable of facilitating environmental regulatory compliance and remediation solutions which are seamlessly integrated with urban real estate redevelopment. Ms. Dilawari has Bachelor of Science degrees in Civil Engineering and a Master of Science in GeoEnvironmental Engineering, both from Tufts University.
Peter Durning
Mackie Shea Durning P.C.Managing Shareholder, Mackie Shea Durning P.C.
Mr. Durning is the Managing Shareholder at Mackie Shea, P.C., an environmental and land use law boutique. He focuses his practice in the areas of environmental litigation, enforcement defense, land use and permitting, with a specific focus in the areas of hazardous materials, solid waste, water and wetlands. His experience includes adjudicatory hearings before the MassDEP, zoning disputes, judicial review of administrative proceedings, and appellate work. Mr. During represents clients in environmental remediation cost recovery actions under M.G.L. c. 21E, as well as business and transactional consulting related to contaminated property. He earned his J.D. from Boston College Law School and holds a B.A. in History from the University of Notre Dame.
Albert Everts
Green Insurance ExchangeManaging Director, Green Insurance Exchange
Mr. Everts is the Managing Director at Green Insurance Exchange (GIX) in Boston, MA. He specializes in the design and placement of Pollution Legal Liability policies for commercial property transactions, mergers and acquisitions, and property redevelopment activities. Mr. Everts has been involved with the environmental insurance market since the class of business was developed in the mid-1980s. His clientele includes national property developers, local and national banks, state and local governments, the armed forces, and Fortune 500 companies.
Prior to joining GIX ten years ago, Mr. Everts worked for Frank B. Hall & Co. (AON), Marsh USA and William Gallagher Associates. He thoroughly enjoys the challenge of developing an insurance product that provides viable coverage in cases where others said it could not be done. Mr. Everts works and lives in Boston and can often be seen walking his Norfolk Terrier Dexter around the waterfront on the weekends. He can be reached via email at aeverts@greenix.us.com
Lawrence Feldman
GZA GeoEnvironmental, IncSenior Principal, GZA GeoEnvironmental, Inc.
Dr. Feldman has been with GZA for over 35 years, and works primarily out of the firm’s Norwood and Boston offices. For the past 30 years, Dr. Feldman’s work has focused primarily on the assessment, remediation, and redevelopment of brownfield sites contaminated by oil and/or hazardous material, and on providing litigation support in cases involving such sites. He has provided Licensed Site Professional (LSP) services at over 250 Massachusetts oil and hazardous material disposal sites since 1993, and has been qualified as an expert witness in a number of court cases.
Having served as an appointed member of the legislative study committee that developed the recommendations that served as the foundation for the creation of Massachusetts’ award-winning privatized cleanup program in 1992, Dr. Feldman has consulted with other states interested in privatizing their cleanup programs. He served as a gubernatorial appointee to the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals (“Licensed Site Professionals”) from its creation in 1992 until 2004, and still serves as an appointee to MassDEP’s Hazardous Waste Site Cleanup Advisory Committee. A founding director of the LSP Association in 1992, he served as its President in 2007-2008. He is an associate member of the Boston Bar Association, and serves on the Public Affairs Committee of the Massachusetts chapter of NAIOP, the Commercial Real Estate Development Association. Dr. Feldman has lectured at programs presented by a number of legal and other professional organizations.
Betsy Harper
Office of the Attorney GeneralDeputy Division Chief, Environmental Protection Division, Office of the Attorney General
Ms. Harper has been an Assistant Attorney General in the Environmental Protection Division of the Massachusetts Attorney General’s Office for over 31 years, where she handles Brownfields redevelopment matters and complex environmental enforcement matters on behalf of the Commonwealth. For the past six years, she has been the Deputy Division Chief of the division, and her primary responsibility has been to oversee the enforcement matters handled by the division. For four years, she was a member of the Attorney General’s Fellowship Hiring Committee and remains actively involved with mentoring current and past AGO Fellows. Prior to coming to the Attorney General’s Office, Ms. Harper worked for almost four years at the City of New York Law Department where she prosecuted juveniles, included gang members, for both violent and non-violent crimes. She is a 1981 graduate of the University of Pennsylvania and a 1984 graduate of Syracuse University College of Law.
Ian Phillips
Haley & Aldrich, Inc.Vice President, Haley & Aldrich, Inc.
Mr. Phillips has more than 30 years of experience providing strategic environmental consulting services including technical and regulatory direction related to the investigation, cleanup and redevelopment of contaminated properties, litigation support for cost recovery actions, and regulatory compliance services under RCRA, Superfund, and state regulations. His areas of expertise include forensic chemistry in support of contaminant source identification, data quality, and cost allocation and recovery for environmental cleanup. Expert services in litigation and settlement negotiations have included regulatory compliance, contaminant sources, future remediation costs, bankruptcy, and environmental insurance matters.