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)
Resource Conservation and Recovery Act (RCRA)
Developing a Remediation and Redevelopment Plan J. Porter, L. Feldman
– The Recipe
Potentially applicable CERCLA and RCRA requirements
The Massachusetts Contingency Plan
Other potentially problematic legal requirements
Developing a Remediation and Redevelopment Plan J. Porter, L. Feldman
– The Cooks and their Roles A. Everts
Licensed site professional
Government/community relations specialist Environmental insurance specialist
New and Emerging Contaminant Concerns I. Phillips
and What to Do About Them
Asbestos in soil
Other Risk Spreaders/Mitigators S. Calnan,
Brownfield Redevelopment Assistance (MassDevelopment)
Fixed price remedial contracts
Who Should Attend
- Landscape Architects
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.
Sean Calnan is senior vice president of Predevelopment Finance at MassDevelopment. He 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.
Katherine Dilawari, PE, LSP
Katherine Dilawari, PE, LSP is a Senior Associate at Haley & Aldrich, Inc with diverse experience in environmental site characterization, remediation, and redevelopment of contaminated sites. 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.
Peter F. Durning
Peter F. Durning is the managing shareholder at Mackie Shea, P.C. 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.
Albert P. Everts II
Albert P. Everts II is the managing director at Green Insurance Exchange (GIX) in Boston, Massachusetts. 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.
Lawrence Feldman Ph.D., LSP
Lawrence Feldman Ph.D, LSP is a senior principal at GZA GeoEnvironmental, Inc. 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 services at over 250 Massachusetts oil and hazardous material disposal sites. Dr. Feldman has served as an appointed member of the legislative study committee that developed recommendations that served as the foundation for the creation of Massachusetts’ award- winning privatized cleanup program in 1992, and he served as a gubernatorial appointee to the Massachusetts Board of Registration of Hazardous Waste Site Cleanup Professionals.
Ian M. Phillips, LSP
Ian M. Phillips, LSP is a vice president at Haley & Aldrich, Inc. He 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.
Jeffrey R. Porter
Jeffrey R. Porter is chair of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.’s Environmental Law Practice. He is widely recognized as one of the top environmental lawyers in the country. Mr. Porter is a Fellow of the American College of Environmental Lawyers and is also a long time member of the Massachusetts Department of Environmental Protection’s Bureau of Waste Site Clean Up Advisory Committee. Mr. Porter was a member of the MassDevelopment Board of Directors from 2013 to 2016. He advised the Massachusetts Legislature’s Committee on Natural Resources and Agriculture during the drafting of the 1998 Brownfield legislation.