Managing Environmental Liability - Business Transactions and Brownfield Redevelopment - Looseleaf
Managing Environmental Liability - Business Transactions and Brownfield Redevelopment - Electronic
CLEAN AIR ACT (42 U.S.C. 7401 et seq.)
Radon, Mold and Indoor Air Quality
§ 3.01 Introduction
Air pollution was initially considered an aesthetic problem that was regulated
by local ordinances, which generally were concerned with smoke emissions or
the release of offensive gases from individual sources. As the regional nature of
air pollution began to be recognized, county agencies were formed to coordinate
air pollution strategies. These were later superseded by regional authorities
operating under the supervision of state government.
It was not until the mid-1950s when the damaging health effects of air
pollution were clearly established that the federal government began to get
involved in air pollution control. However, that role was generally limited to
providing technical assistance to the states.1 This historical arrangement was
essentially codified with the enactment of the Clean Air Act of 1970 (CAA)
although the federal role was greatly expanded.2 The federal prominence was
further enlarged with the passage of the Clean Air Act Amendments of 1977.3
Chapter 3: Clean Air Act
3.02 National Ambient Air Quality Standards (NAAQS)
3.03 New Source Performance Standards (NSPS)
3.04 State Implementation Plans (SIPs)
3.05 New Source Review-General
3.06 New Source Review for Prevention of Significant Deterioration (PSD)
3.07 New Source Review for Non-Attainment Areas
3.07A Review of Recent Significant NSR Enforcement Actions
3.08 Emission Trading
3.08A States Are Taking Closer Look at Their Emission Trading Programs
3.08B Special Note on International Emissions Trading
3.09 Air Toxics
3.10 Operating Permits
3.11 Mobile Source Emission Standards
3.13 Citizen Suits
3.14 Tips on Complying with the Requirements of the 1990 Amendments
3.15 Ozone Depleting Substances
3.16 Greenhouse Gases
3.17 Market-Based GHG Emissions Trading Programs
3.18 Radon and other Indoor Issues
3.19A Federal Regulation of Mold
3.19B State and Local Mold Standards
3.19C Common Law Actions
3.19D Insurance Claims
3.20 Indoor Air and Cleanup of Brownfield Sites
Lawrence P. Schnapf is Principal of Schnapf LLC. He has 25 years of national environmental experience with Fortune 500 corporations and a number of major New York-based law firms. Larry 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.
He 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 Matthew Bender. He was also a contributing author for “The Law Of Environmental Justice” published by the American Bar Association and the Matthew Bender “Environmental Law Practice Guide”. He is also the author of “ Managing Environmental Liability in Transactions and Brownfield Redevelopment” published by JurisLaw Publishing.
Larry 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 Board of the NYC Partnership of Brownfield Practitioners. He is also the chair of the Brownfield Committee Force of the Environmental Business Association of New York.
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.
Larry 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.
Larry 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”. He is also on the faculty of the Center for Christian Studies at Fifth Avenue Presbyterian Church where he teaches “The Bible and the Environment.”
He is listed in the International Who’s Who of Business Lawyers 2008 and 2009, the 2009 Madison’s Who’s Who of Executives and Professionals, and The International Who’s Who of Environmental Lawyers 2008 and 2009, and Chambers USA 2009 Client Guide of America’s Leading Lawyers for Business.
You can visit the web page of the Schnapf Environmental Law Center at http://www.environmental-law.net/