Environmental Regulation of Colorado Real Property
December 2016
Environmental Regulation of Colorado Real Property
Program Description:
This program reviews topics covered in the new edition of, Environmental Regulation of Colorado Real Property, 2016 Edition and the book is used as course materials. The program and book will help guide environmental attorneys and consultants to quickly locate particular statutes and regulations, and understand how they apply. Real estate attorneys and developers will find it helpful for identifying environmental issues affecting the purchase and sale of real property, and minimizing or eliminating potential environmental liabilities.
Each Homestudy includes a copy of the CBA-CLE book “: Environmental Regulation of Colorado Real Property, 2016 Edition.” Please note the book will be provided in PDF or in Print based on your product selection.
Agenda:
This program reviews topics covered in the new edition of, Environmental Regulation of Colorado Real Property, 2016 Edition and the book is used as course materials. The program and book will help guide environmental attorneys and consultants to quickly locate particular statutes and regulations, and understand how they apply. Real estate attorneys and developers will find it helpful for identifying environmental issues affecting the purchase and sale of real property, and minimizing or eliminating potential environmental liabilities.
8:30 am
Registration and Continental Breakfast
9:00 am
Introduction to Environmental Regulation of Colorado Real Property
Stephen A. Bain discusses how Environmental Regulation of Colorado Real Property provides environmental practitioners and anyone concerned about environmental issues with a useful reference and framework for answering questions relating to anything contaminated in Colorado.
9:50 am
Water
Peter Nichols provides a brief overview of Colorado water law, with a focus on the types of property rights that can be important in the environmental law and real estate context.
- Federal Clean Water Act;
- Colorado Water Quality Control Act;
- CWA § 404, Dredge and Fill Permitting;
- CWA § 401, State Certification
10:40 am
Networking Break
10:50 am
Hazardous Substances and Brownfields
Scott Reisch illuminates the issues surrounding the two most important federal statutes concerning waste disposal and hazardous substances — the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).
- Resource Conservation and Recovery Act (RCRA);
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund");
- Colorado Pollution Prevention Act
11:40 am
Selling and Leasing Property; Environmental Covenants
Kemp Will and Scott Clark examine the prominent role environmental considerations have in the sale and lease of commercial or industrial property. Sellers, buyers, landlords, and tenants need to evaluate the environmental circumstances and risk of the property and structure the real estate transaction to address disclosures, due diligence, allocation of risk and liability, and the timing of environmental steps.
- Seller's Disclosures;
- Seller’s Representations and Warranties;
- Buyer's Due Diligence;
- Management of Risk and Allocation of Liability;
- Third-Party Agreements;
- Landlord-Tenant Issues
12:30 pm
Lunch (on your own)
1:30 pm
National Environmental Policy Act
Zeke Williams demystifies the National Environmental Policy Act (NEPA). NEPA declares a "national policy" to "prevent or eliminate damage to the environment," yet the obligations imposed in the statute upon federal agencies are procedural — agencies must simply consider the "environmental impact" of a "proposed action" and "alternatives to the proposed action" before authorizing that action.
- Scope of NEPA;
- Major Federal Action;
- The NEPA Obligation;
- The NEPA Process;
- Contents of the EIS or EA;
- Duty to Supplement NEPA Analysis;
- Tiering and the Programmatic/Site-Specific Concept;
- NEPA Provisions of the Fast Act of 2015;
- Challenges to an Agency’s NEPA Compliance
2:20 pm
Networking Break
2:30 pm
Ethical Issues
Fred Cheever and Eli Wald clarify the ethical duties implicated in representing a client under circumstances that may involve environmental contamination.
- Lawyer's Duties to the Client, Generally;
- Lawyer's Responsibility Regarding Client Misconduct or Misrepresentations;
- Protection of Confidential Information;
- Common Interest Doctrine And Joint Defense Agreements;
- Lawyer's Obligation to the Organization as Client;
- Lawyer's Ability to Contact Another Party's Present and Former Employees;
- The Obligation to Preserve Evidence
3:20 pm
Environmental Litigation
John Fognani reveals the distinguishing features of environmental litigation—for example, citizen initiated enforcement of statutory obligations to protect human health and the environment—that environmental practitioners must recognize and understand to represent their clients effectively.
- Private Citizen Initiated Statutory Litigation;
- Government Initiated Litigation;
- Contract Liability;
- Tort Liability
4:10 pm
Adjourn
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $349.00 |
| CBA Member | $309.00 |
| CBA Real Estate Section Member | $269.00 |
| Paralegal/Legal Support Staff | $229.00 |
| New Lawyer Edge Partner | $154.50 |
| CLE ELITE Pass Holder (w/ Printed Book $161) | $0.00 |
| CLE ELITE Pass Holder (w/ PDF e-Book $134) | $0.00 |
- General Credits: 7.00
- Ethics Credits: 1.00
- EDI Credits:
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