Adapting Private Business to Climate Change

E. Donald Elliott and Ari G. Altman, Willkie Farr & Gallagher LLP
According to the foreword to a recent report by the Environmental Defense Fund, “regulating the temperature of the planet by adjusting the mix of gases in our atmosphere is the most ambitious undertaking yet attempted by human beings,” and the effects of this effort on many companies “will be profound.” Many public bodies are preparing “adaptation plans” for a reasonable worst case climate change scenario, but private businesses have lagged behind. Even if one does not believe that CO2 and temperature are inextricably linked, businesses will need to adapt to the coming changes in regulation, and possibly to the effects of climate change itself.
This program will discuss the challenges that private companies face in adapting to climate change, including physical exposure, changing prices for energy, water and other inputs, as well as regulatory, reputational, and litigation exposures. The program will then outline steps that some leading companies can take to plan for and address these challenges and to identify strategic and market opportunities.
E. Donald Elliott is a partner and chair of the Environment, Health and Safety Department of Willkie Farr & Gallagher LLP. He is also Professor (Adjunct) of Law, Yale Law School and Georgetown University Law Center. He is the leading expert in private practice on disclosure and adaptation to climate change issues. Elliott was Assistant Administrator and General Counsel, U.S. Environmental Protection Agency during the Clean Air Act Amendments of 1990. Mr. Elliott holds degrees from Yale College and Yale Law School.
Ari G. Altman is an Associate in the Environment, Health and Safety Department of Willkie Farr & Gallagher LLP. Mr. Altman received a J.D. from The George Washington University Law School, an M.A. in Energy and Resources from the University of California, Berkeley, and an A.B. from Princeton University.
Aug 6 2009
49 mins
Adapting Private Business to Climate Change
More from this community:

Environmental Law

  • Live and recorded (50)
  • Upcoming (2)
  • Date
  • Rating
  • Views
  • Exposure to professional liability ranks high on the list of any environmental professional’s concerns. In this webinar, industry veteran Anthony Buonicore will present five carefully-selected case studies where an EP was sued, highlighting how costly litigation could have been avoided. Attendees of this webinar will come away with steps that can be taken to minimize professional liability exposure when:

    • Submitting a Phase I ESA proposal
    • Conducting a Phase I ESA
    • Writing the Phase I ESA report
  • With risk management in the spotlight, environmental risk management policies are more important than ever. Environmental insurance options have evolved to offer lenders proven ways to manage risk as commercial loan originations increase in the second act of market recovery. Join us for this webinar as seasoned insiders share their insight into how insurance policies can effectively manage risk exposure. Attendees will also learn how environmental insurance can be applied to lending practices based on real world examples of claims scenarios.

    Benefits to attendees:
    • Background on the latest tools available to help lenders protect collateral on real estate loans or investments.
    • The know-how to avoid an embarrassing loss on loan portfolios due to environmental issues.
    • The latest intel on how lender environmental insurance can help lenders make more loans.

    Target audience:
    • Risk managers at community banks
    • Risk managers at national/international banks looking for a refresher
    • Credit managers and chief credit officers
    • Environmental due diligence professionals serving lenders
    • Insurance professionals
  • Vapor migration is part of the new Phase I environmental site assessment protocol from ASTM, E 1527-13. In December, the US Environmental Protection Agency blessed the new standard as compliant with the federal All Appropriate Inquiries rule, emphasizing the importance of assessing vapor migration risk as a standard part of Phase I ESAs. US EPA went even further in the December preamble and stated that vapor migration has always been a part of conducting AAI. In light of US EPA’s statements and the emphasis that assessing vapor migration is current standard practice for AAI-compliant Phase I ESAs, how is vapor being addressed in the field? If a Phase I ESA report identifies vapor migration as a Recognized Environmental Condition, or REC, what next? In today’s market of intensely short turnaround times for property transactions, is a vapor migration issue a deal killer? What are the current tools and options to investigate a vapor migration REC under transactional time constraints? When should a buyer walk away from a site potentially impacted by vapor migration? When to mitigate? How are environmental due diligence firms establishing consistent processes for recommending “next steps” for clients when vapor migration issues arise?

    This timely webinar will bring together an attorney and two leading technical experts to address head-on the various avenues that firms are taking to assist end users of Phase I ESA reports on how to address vapor migration risk during the deal making process.
  • Regulatory pressures are fundamentally impacting the way that financial institutions manage the appraisal function. Our speakers will tackle the most impactful issues for both lenders and appraisals today. An expert from the Appraisal Institute, the largest appraisal membership society in the world with 23,000+ real estate valuation experts worldwide, will share first-hand research into the challenges faced by appraisers and by lenders that rely on the technical expertise of appraisal services. Attendees will learn about the concerns commercial real estate appraisers face, and the challenges their lender clients face in finding quality appraisers to help them respond to new policies and requirements. Speakers will also share insight into the latest policies from bank regulators like the OCC and FDIC that are impacting the integration of appraisals and environmental risk management. An expert in the trenches of a small community bank will share his insights into the shifting alignment of appraisals and environmental risk management at the community bank level, the importance of having a sound policy in place and actions that banks can take to best prepare for the scrutiny of examiners.

    BENEFITS TO AUDIENCE:
    - Information on how appraisers can meet today’s top challenges, align their services with the challenges lender clients face
    - A deeper understanding of bank regulations impacting appraisals
    - An insider’s take on what bank examiners look for
    - Advice on steps banks can take to protect themselves against examiner scrutiny
    - A look into the forces that are bringing appraisals and environmental due diligence functions closer together

    PRESENTED BY:
    - Bill Garber, Director of Government and External Relations, Appraisal Institute
    - Brian Ginter, Director - Executive Staff, Diversified Real Estate Consulting Network
  • With scrutiny on lenders’ risk management policies intensifying, more and more community banks are writing their first policies or updating old ones. The OCC just raised the bar for the banks it regulates with the August release of expanded guidelines for environmental risk management that bring their policy requirements in line with those of the FDIC. What are the critical components that should be in every policy? What elements are common to most institution’s policies? How does your institution measure up to industry best practices? How is policy administered across organizations?

    Join us for this webinar as seasoned insiders selected from the ranks of a mid-sized bank and small community lender share their experiences in writing and updating environmental policies. Learn what these experts are doing to protect their institutions from environmental risk exposure, and the dangers that lenders face by not having adequate policies in place to protect them from financial and legal liability.
  • Do you have more questions than answers about the industry’s transition over to a new ASTM Phase I ESA protocol? You’re not alone.

    On August 15, 2013, the U.S. Environmental Protection Agency published a Direct Final Rule which proposes to reference the E 1527-13 standard as compliant with the agency’s All Appropriate Inquiries rule (40 CFR Part 312). The agency’s 30-day public comment period just closed and the ASTM standard moves one step closer to publication.

    Right now the #1 question in the industry is: When will ASTM E 1527-13 take effect?

    At this webinar, two of the experts closest to the ASTM process will share the latest status of the AAI rule amendment and publication of the new Phase I ESA standard.

    There are a number of moving pieces in play right now. Tune into this event to learn the latest on the ASTM front, the hot-button issues raised during the public comment period, what happens to E 1527-05 and more. It is an important time for the industry as it prepares to put a new standard into effect and this event will help keep environmental professionals abreast of the process as it unfolds.

    Speakers:

    Julie Kilgore, President, Wasatch Environmental, Inc., Chair of ASTM E50 Committee on Environmental Assessment, Risk Management and Corrective Action and Chair of the E1527 Task Group

    William Weissman, attorney, member of ASTM E50 Executive Subcommittee, retired partner of Venable LLP, Washington, DC
  • Change is in the air on the vapor intrusion front. Literally and figuratively. On April 16, the U.S. Environmental Protection Agency released a draft document, the OSWER Final Guidance For Assessing And Mitigating The Vapor Intrusion Pathway From Subsurface Sources To Indoor Air — External Review Draft for public comment. The release of EPA’s guidance comes just months before ASTM is poised to release a revised version of E 1527 that adds definitions of migrate/migration to address the vapor pathway as a potential conduit for contamination.

    As attention being placed on vapor risk increases, environmental professionals need to stay abreast of the changes and their implications. With the long-awaited federal guidance now out for public comment, environmental due diligence professionals, lenders, as well as prospective purchasers of properties like drycleaners, gas stations, and other types of properties impacted by petroleum or solvents have a valuable resource for understanding VI risk, assessing it and ultimately, managing it as appropriate for their own risk tolerance. Join us at this webinar to hear the perspectives of three experts on:

    • The implications of the federal vapor guidance and an insiders’ unique take on hot button issues;
    • How one environmental professional talks to his clients about vapor risk and protects their liability exposure; and
    • How vapor risk is being mitigated and managed in today’s deals.
  • For lenders operating in the shadow of the Dodd-Frank Act, CFPB and other regulatory enforcement agencies are focusing their efforts on consumer protection, disclosure and transparency and deem these critical to all areas of an institution’s compliance and operation. A dizzying array of new rules and regulations, often disruptive to existing operations, are raining down upon the mortgage lending industry. Now, however, it’s not enough to simply be aware of emerging rules and regulations. Little known requirements and regulations which have been on the books for years without being enforced are now getting renewed attention from those agencies, likely opening up an entirely new front in the uphill battle to stay compliant. One of the greatest potential risks to lenders arises from requirements for residential property appraisals and evaluations. It is likely we will see stricter environmental underwriting and more regulatory scrutiny on lenders’ risk management policies. Discover now where lenders are most at risk, and learn about cost-effective measures that can be taken to stay out of the regulatory crosshairs.

    The presenters will:

    • Identify existing rules and regulations, little-known and long unenforced, that are likely to be revitalized by regulatory enforcers;
    • Spell out the specific risks that residential property contamination, including vapor mitigation, will pose to a mortgage lender;
    • Explain how the gamut of new and existing requirements will impact traditional due diligence requirements; and
    • Predict the possible financial impact upon lenders, as well as offering potential solutions for risk mitigation.
  • For the first time since 2005, the ASTM E1527 standard has been revised. ASTM submitted the final version to the U.S. Environmental Protection Agency for formal approval of the revised ASTM E 1527 standard as “AAI-compliant.” According to industry insiders, this approval could come as early as this summer. Once the approval process is successfully completed, the E 1527-13 standard would be published by ASTM and take effect immediately upon publication. With the summer only a few months away, now is the time to start thinking about what you can be doing to prepare.

    At this complimentary webinar you will learn about:

    -Revised REC and HREC definitions, plus introduction of a new term—the CREC
    -Clarification on vapor migration and ASTM E2600-10
    -Changes to regulatory file reviews
    -Clarifications in the language regarding User Responsibilities
    -And much more!

    The EDR team has been tracking the revision process closely since it began in 2010. Over the past fall/winter season, we educated over 1,000 environmental professionals at our Due Diligence at Dawn (DDD) seminars around the country.

    Join EDR and Anthony J. Buonicore, former E1527 Task Group leader, for this webinar and learn what you need to know to comply with the upcoming revisions.
  • Remember when the U.S. Environmental Protection Agency’s All Appropriate Inquiries rule was promulgated in 2005? For the first time since then, there will soon be a new revision to the ASTM E 1527 Standard and the time to begin preparing your staff and educating your clients is now.

    The E 1527-13 revision is the result of three years of discussion and debate among many dedicated stakeholders who spent countless hours at ASTM Phase I ESA Task Group meetings and on conference calls examining all parts of the standard and hammering out every word of the revision. The most significant revisions are in the areas of: REC definitions, agency file review, vapor migration/intrusion, user responsibilities and more.

    For this event, EDR Insight is fortunate to have the input of three professionals—an environmental professional, a commercial real estate lender and an attorney—who were active with the revision process and who each devoted significant time and expertise to shaping the new revisions.

    Join us for this important and timely event as the commercial lending and property risk management industry prepares to transition away from the -05 standard to E 1527-13.

    Target Audience:
    • Environmental due diligence professionals
    • Environmental risk managers at financial institutions

    Benefits to attendees:
    • Insights into specific areas of revision and a deeper understanding of what drove the changes
    • More clarity on REC-HREC-CREC definitions
    • More clarity on agency file review
    • An end user perspective from the lending sector
    • An attorney’s take on what the changes mean in the construct of CERCLA liability and commercial property transactions
    • Advice on how EPs and lenders should be preparing for E 1527-13
    • Potential changes that end users may see in their Phase I ESA reports when E 1527-13 takes effect
  • Channel
  • Channel profile
  • Climate Change Policies and Developments Recorded: Apr 23 2010 61 mins
    Join this panel of industry experts as they discuss recent and imperitive Climate Change Policies and Developments:

    - Emilie Mazzacurati, Manager, Carbon Market Research North America, Point Carbon
    - Chris Busch, Policy Director, Center for Resource Solutions
    - Nicholas Bianco, Senior Associate, World Resources Institute
    - Neal Dikeman, Jane Capital Partners
  • Green Chemistry in California – Precursor to “U.S. REACH”? Recorded: Apr 23 2010 40 mins
    California – often a bellwether of regulations to come - passed AB 1879 (Feuer) and SB 509 (Simitian) in 2008, setting in place some recommendations of California’s Green Chemistry Initiative. There are discussions of reauthorizing the Toxic Substances Control Act (TSCA), incorporating some practices of the European Union’s REACH (Registration, Evaluation, Authorization of Chemicals). This presentation will cover California’s Green Chemistry initiative, new and proposed regulatory requirements.
  • A New Environment: Overhaul Risk and Opportunities Recorded: Apr 23 2010 45 mins
    This talk will examine the pervasive nature of the current explosion in environment/sustainability laws; innovative (but little understood) legal, commercial and technical principles embedded in the newest laws; the rise of clean technology; direct and indirect impacts on mature commercial sectors and the professions; the dangers of short term and narrowly focused thinking; the scope of opportunities and the latency of risk.

    Paul Sheridan, Partner, is head of the environment law group of CMS Cameron McKenna LLP. He also heads up the firm’s cleantech group. This group is objectively recognised as one of the leading environment law practices in the UK and EU. Paul is recognised in the legal directories as a leader in this field in the UK, EU and Internationally. He has advised numerous domestic and multi-national clients on all aspects of environment law in both contentious and non-contentious matters. He is well versed on the latent and patent impacts of, and enormous opportunities arising from, the current and pervasive phase of environment laws which is leading towards fundamental changes in the way we do business.
  • Leveraging Offsets: Saving the Environment and the Economy Recorded: Aug 6 2009 44 mins
    As cap-and-trade legislation is working its way through the U.S. Congress, maintaining the legislation's underlying environmental credibility while mitigating unreasonable economic hardships will be essential for a successful outcome. The use of offsets (i.e., project based greenhouse gas emission reductions from non-capped sources) will play a central role in achieving these dual objectives as part of the overall legislative scheme.

    You will hear details of how offsets are contemplated to be used within the U.S. legislative scheme; explore their history and future in international climate change policy; and how they are likely to effect your business and industry.
  • Adapting Private Business to Climate Change Recorded: Aug 6 2009 49 mins
    According to the foreword to a recent report by the Environmental Defense Fund, “regulating the temperature of the planet by adjusting the mix of gases in our atmosphere is the most ambitious undertaking yet attempted by human beings,” and the effects of this effort on many companies “will be profound.” Many public bodies are preparing “adaptation plans” for a reasonable worst case climate change scenario, but private businesses have lagged behind. Even if one does not believe that CO2 and temperature are inextricably linked, businesses will need to adapt to the coming changes in regulation, and possibly to the effects of climate change itself.
    This program will discuss the challenges that private companies face in adapting to climate change, including physical exposure, changing prices for energy, water and other inputs, as well as regulatory, reputational, and litigation exposures. The program will then outline steps that some leading companies can take to plan for and address these challenges and to identify strategic and market opportunities.
    E. Donald Elliott is a partner and chair of the Environment, Health and Safety Department of Willkie Farr & Gallagher LLP. He is also Professor (Adjunct) of Law, Yale Law School and Georgetown University Law Center. He is the leading expert in private practice on disclosure and adaptation to climate change issues. Elliott was Assistant Administrator and General Counsel, U.S. Environmental Protection Agency during the Clean Air Act Amendments of 1990. Mr. Elliott holds degrees from Yale College and Yale Law School.
    Ari G. Altman is an Associate in the Environment, Health and Safety Department of Willkie Farr & Gallagher LLP. Mr. Altman received a J.D. from The George Washington University Law School, an M.A. in Energy and Resources from the University of California, Berkeley, and an A.B. from Princeton University.
  • Cap and Trade: All Costs and No Benefits Recorded: Aug 6 2009 44 mins
    - Background and Context of Global Warming Debate, Including Recent Declines
    in Global Temperatures
    - Basics of a Cap and Trade
    - The EU Experience with a Cap and Trade
    - Waxman-Markey

    This is primarily a policy-focused program examining the costs of a cap and trade program and the problems with these programs.
  • Cap and trade - an effective policy to address climate change? Recorded: Aug 6 2009 35 mins
    The presentation will focus on the design of market based solutions to mitigate greenhouse gas emissions and will emphasize the advantages and experiences of Cap-and-trade as a climate change policy instrument.

    Point Carbon is a world-leading provider of independent news, analysis and consulting services for European and global power, gas and carbon markets. Point Carbon’s comprehensive services provide professionals with market-moving information through monitoring fundamental information, key market players and business and policy developments.
  • Climate Change Legislation's Impact on Physical Landscape--MCLE Recorded: Aug 6 2009 57 mins
    MCLE application pending.

    State and national legislation to address climate change is significantly altering the land use patterns in our nation's cities and rural areas. This talk will cover some of the major shifts that climate change legislation will have on the type of development that will be permitted and/or encouraged and will also touch on the new procedures and hurdles that landowners and developers will likely encounter in seeking project approval. Examples will be given from the implementation California's recent legislation, and we will also examine initiatives in other states and predict how the upcoming national effort could further impact the landscape.
  • Climate Change Policies Emerging from California and the West Recorded: Aug 6 2009 57 mins
    California has taken the lead on Climate Change policies with the Global Warming Solutions Act of 2006. This Air Resources Board recently published its blue print with a dizzying array of forthcoming policies and regulations that will influence state and federal laws and policies on Climate Change for years to come. This talk will address these regulatory strategies which range from alternative energy, industrial emissions, green building, and mandatory carbon inventories.
Trends & Developments in Environmental & Climate Change Law
Trends and Developments in Environmental and Climate Change Law.

Embed in website or blog

Successfully added emails: 0
Remove all
  • Title: Adapting Private Business to Climate Change
  • Live at: Aug 6 2009 8:00 pm
  • Presented by: E. Donald Elliott and Ari G. Altman, Willkie Farr & Gallagher LLP
  • From:
Your email has been sent.
or close
You must be logged in to email this