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August Mack Environmental CLE Event - Indianapolis

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August Mack Environmental

1302 North Meridian Street

Suite 300

Indianapolis, IN 46202

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August Mack is happy to provide a free Continuing Legal Education (CLE) event for Indiana attorneys. By attending this event, you will gain valuable knowledge on three environmental topics, be provided breakfast, and get three CLE credits, all at no cost to you!

The CLE Event will take place on Wednesday, October 18th at 8:00 in the morning at August Mack Environmental in downtown Indianapolis. A continental breakfast will be served starting at 8:00 AM and the presentations will follow, with everything concluding at 12:00 PM.

The event will include three presentations from various August Mack Environmental employees that all have extensive experience in the industry. The topics for this event are as follows:

Issues and Concerns: A Vapor Intrusion Overview: Vapor intrusion is a relatively new environmental field. It is also the most common impediment to site closure and property transaction in the marketplace today. Regulatory guidance on vapor intrusion has been challenging to develop and even more challenging to implement. There are legal and technical concerns that commonly complicate, impede, or prevent closure. The potential for client liability is significant throughout both the investigation and remedial action phases. The occupants of structures with contaminant exposure from vapor intrusion are just now beginning to realize the need to better understand the significance of potential health impacts and the potential for liability claims.

This presentation will provide a brief overview of vapor intrusion and available guidance, followed by discussion of common issues and concerns for the general public, site reviewers, and attorneys. Common issues and concerns will include: ways to reduce client liability, how to identify significant risk, recognize gaps in investigation, and how to address confounding issues such as, indoor air contaminant background. The presentation will also detail many emerging policy concerns such as, the short-term trichloroethylene developmental risks of fetal heart malformations, long-term stewardship and the significance of radon risk versus chemical vapor intrusion risk.

The Business Case for Sustainability: Over the past 5-10 years, many companies have started incorporating sustainability into their business model. There are many different reasons companies have started down this path. Reasons to pursue sustainability vary widely from creating a good public image, to it is the right thing to do, and yes, it can save you money in some instances. This course will discuss the wide variety of reasons and give real-life examples of things companies are doing. The course will be given in a LEED certified building that has honey beehives on the roof and all of this will be highlighted as examples. Ironically, many companies that pursue sustainability efforts are not actually in compliance with the existing environmental regulations. This disconnect will be explored and we will discuss how it can be corrected. The first step of sustainability could be an environmental audit utilizing an attorney so it will be privileged. Finally, for a company to be sustainable requires them to be financially sustainable. If they own contaminated sites, how do they assess the costs of those risks to ensure they remain financially sustainable? This course will explore many of these widely varying aspects of sustainability.

Avoiding Environmental Liability on Commercial Distressed Loans
(and Tenants): When a borrower stops paying their commercial loan, lenders will begin a process of trying to work with their borrower to restore repayment. There are times that both the lender and borrower can agree on new terms and the loan is put back in good standing. Unfortunately, there are other times when the lender needs to move towards foreclosure. In this position the lender is now facing the potential to be responsible for environmental liabilities of the real estate and proper action should be taken by lenders to avoid shifting this liability from their defaulting borrower. Likewise, landlords can find themselves in a similar position with respect to being responsible for their tenant’s environmental sins if they are not careful during the lease agreement. This 60-minute training will provide the audience with an understanding of the following:

  • How lenders and landlords can become liable for their borrowers and tenants environmental liabilities
  • The court’s ruling against a lender in the matter of the State of New York and the New York State Department of Environmental Conservation v. HSBC BANK USA
  • Case studies of projects where tenants left landlords with significant environmental liabilities that either devalued the real estate and/or was addressed and paid for by the landlord
  • Risk management strategies for both lenders and landlords to avoid the environmental sins of their customers

Make sure to reserve your spot today, as space is limited!

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August Mack Environmental

1302 North Meridian Street

Suite 300

Indianapolis, IN 46202

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