Almost every business transaction carries the potential for liability under environmental laws. This book is appropriate for use by corporate counsel, real estate lawyers, bank lawyers, and insurance professionals who need a general understanding of environmental laws and there impact.
Part I describes sources of potential liability and presents the goals and requirements of the major state and federal environmental statutes. The author walks the generalist through the hazardous terrain of the federal Clean Air Act, which is notoriously incomprehensible, and describes the types of permits required and the different levels of government authority. He demystifies the Resource Conservation and Recovery Act and covers oil spills and permits for materials used in wetlands construction. He also explicates the Comprehensive Environmental Response, the Clean Water Act, the Compensation and Liability Act, and state environmental statutes.
A particularly useful "Activity Summary" sets forth the applicable statutes and directs the reader to chapters discussing relevant issues for a particular activity (for example, acquiring corporate stocks or assets).
Part II focuses on the application of environmental laws to specific transactions and presents material on environmental hot spots, such as negotiating superfund cleanups, liability for real estate and corporate transactions, lender liability based on environmental claims, environmental audits, and insurance coverage for cleanup costs. It summarizes recent cases and offers tips for reducing risk.
The CD-ROM provides more than 20 forms for the practitioner and includes sample documents such as: EPA requests for information, notices of potential liability, administrative orders, de minimis settlement agreements, and more.
Lawrence P. Schnapf is Principal of Schnapf LLC. He has more than 25 years of national environmental experience with Fortune 500 corporations and a number of major New York-based law firms. He is the Co-Chair of the New York State Bar Association's Hazardous Site Remediation Committee, Co-Chair of the NYSBA Brownfield task force and a board member of the NYC Brownfield Partnership. He was also the chair of the Brownfield Committee Force of the Environmental Business Association of New York. He is the immediate past Chair of the ABA Section of Business Law Committee on Environmental, Energy and Natural Resources Law. Mr. Schnapf primarily concentrates on environmental issues associated with corporate, real estate and brownfield transactions, commercial lending, distressed debt, bankruptcy and workouts. He has extensive experience with brownfield redevelopment and financing, negotiating environmental insurance policies for business and real estate transactions, performing environmental due diligence for complex business transactions.
Mr. Schnapf has also written numerous articles on environmental law, is a contributing author for several chapters of "Brownfield Practice and Law: The Cleanup and Redevelopment of Contaminated Properties" published by Lexis. He was also a contributing author for The Law Of Environmental Justice published by the American Bar Association and Lexis.
He is Chair of the ABA Section of Business Law Committee on Environmental, Energy and Natural Resources Law. He is a vice chair of the Environmental Transactions, Audits and Brownfield Committee: and Special Committee on Disclosure of the ABA's Section of Environment, Energy and Resources. He is also a member of the board of BNA's Environmental Due Diligence Guide. Mr. Schnapf is also a member of the ASTM 1527 Task Group, Phase II Legal Work Group, Co-Chair of the legal sub-committee for the ASTM Vapor Intrusion Task Group, a member of the ASTM Appropriate Care/Continuing Obligations Task Group and Building Energy Performance Disclosure Task Group.
Mr. Schnapf is an adjunct professor of environmental law at New York Law School where he teaches "Environmental Issues in Business Transactions" and "Environmental Law and Policy".
"Schnapf does a great job of guiding the novice through hazardous terrain."
- Bi-monthly Review of Law Books.
"The text covers practically any transaction that could be affected by environmental laws and provides the reader with a comprehensive overview to resolving problems, spotting issues, and avoiding future liability under the environmental laws affecting these transactions."
- The Environmental Counselor