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List of Forms by Chapter - Chapter 1 — Environmental Due Diligence in Commercial Transactions
- I. [1.1] The Scope of Environmental Due Diligence
- II. [1.2] Permit Review Analysis
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III. [1.3] Storm Water - IV. [1.7] Wetlands
- V. [1.8] Wetland Delineation
- VI. [1.9] Asbestos
- VII. [1.10] Lead-Based Paint
- VIII. [1.11] Radon
- IX. [1.12] Underground Storage Tanks
- X. [1.13] Environmental Disclosures Under the Securities and Exchange Commission Laws
- XI. [1.17] Accounting Requirements
- XII. [1.18] Sarbanes-Oxley Act
- XIII. [1.22] Environmental Land Use Controls
- XIV. [1.37] Statutory Requirements
- XV. [1.38] Interviews with Owners, Operators, and Occupants
- XVI. [1.39] Historical Information
- XVII. [1.40] Environmental Cleanup Liens
- XVIII. [1.41] Government Records
- XIX. [1.42] Visual Inspection of the Property
- XX. [1.43] Specialized Knowledge of the Buyer
- XXI. [1.44] Relationship of the Price Paid
- XXIV. [1.47] Data Gaps
- XXV. [1.48] Illinois-Specific Requirements
- XXVI. [1.49] ASTM International Standard E1527-13
- XXVII. [1.50] Disclosure of Findings
- Chapter 2 — State and Federal Environmental Liability
- I. [2.1] Introduction
- [2.2] General Considerations
- [2.3] Establishing Liability: The State Enforcement Scheme
- [2.4] Broad Reach of Environmental Liability
- [2.5] Permit Liability
- [2.6] Water Pollution
- [2.7] Air Pollution
- [2.8] General Considerations
- [2.9] Liability for Cost of Cleanup
- [2.10] Liability and the State Site Remediation Program
- [2.11] Underground Storage Tank Liability
- II. Liability Under State Law: The Illinois Environmental Protection Act
- III. Federal Environmental Liability
- IV. [2.16] Criminal Environmental Liability Under State and Federal Law
- V. [2.17] Conclusion
- Chapter 3 — Environmental Considerations in Corporate and Real Estate Transactions
- I. [3.1] Introduction
- II. Initial Steps
- III. Context of Contractual Negotiations — Liability Allocation
- IV. [3.10] The Contractual Provisions — Representations, Warranties, and Indemnities
- [3.11] Properties To Be Considered
- [3.12] Time Limitations
- [3.13] Materiality Limitations —Caps and Thresholds
- [3.14] Disclosure Schedules
- [3.15] Definitions
- [3.16] Specific Representations
- [3.17] Permits
- [3.18] No Pending Actions
- [3.19] No Releases on Property
- [3.20] No Other Environmental Conditions
- [3.21] No CERCLA Liens or State Superliens
- [3.22] No Underground Storage Tanks
- [3.23] Property Not Listed on NPL, CERCLIS, or Comparable State List
- [3.24] Presence of Asbestos, PCBs, or Mold/Microbial Matter
- [3.25] No Hazardous Substances on the Premises
- V. Appendix — Example Contract Provisions
- Chapter 4 — Lender Liability Under Environmental Laws for Real Estate and Corporate Transactions
- I. [4.1] Introduction
- II. Avoiding Liability as a Lender Under the Environmental Laws — Secured Creditor Exemptions
- III. [4.11] Protecting Lenders’ Collateral
- Chapter 5 — Illinois Environmental Forums
- I. [5.1] Overview
- II. [5.2] Who Can Bring Issues Regarding a Transaction to an Illinois Environmental Forum
- III. [5.7] What Are the Types of Issues
- IV. [5.13] Specific Environmental Forums
- [5.14] Illinois Environmental Protection Agency
- [5.26] Illinois Pollution Control Board
- [5.27] General Regulations
- [5.28] Enforcement Forum
- [5.29] Appeals from Final Agency Decisions
- [5.30] Variances
- [5.31] Regulatory Proceedings
- [5.32] Other Board Actions
- [5.33] Appeals of Board Decisions
- [5.34] Other State Agencies
- [5.35] Local Environmental Authorities
- [5.36] Illinois Attorney General, State’s Attorney, or Municipal Corporation Counsel
- [5.37] Illinois Courts
- Chapter 6 — Environmental Litigation: From Pollution to Takings, the Endangered Species Act, and Environmental Justice
- Chapter 7 — Brownfield Development: Government Money for Private Development
- I. [7.1] Introduction
- II. Process
- III. Government Funds
- [7.13] Sources of Government Funds To Benefit Private Development
- Brownfield-Specific Programs
- [7.28] Non-Brownfield-Specific Redevelopment Programs
- [7.29] General Economic Development Incentive
- [7.30] Tax Abatement and Rebate Programs
- [7.31] Tax Increment Financing
- [7.32] Business District Development and Redevelopment
- Real Estate Tax Abatement
- [7.35] Historic Preservation Tax Incentives
- [7.40] Low-Income Housing Tax Credits
- [7.41] New Markets Tax Credits
- [7.42] Other Incentives and Economic Resources
- IV. [7.43] Conclusion
- V. [7.44] Quick Reference Guide for Brownfields Cleanup Funding Under the Illinois Revolving Loan Fund
- Chapter 8 — Environmental Issues in the Landlord-Tenant Relationship
- I. [8.1] Introduction
- II. [8.2] Addressing Environmental Aspects of Lease
- [8.3] Recognition of Risk
- [8.4] CERCLA and Its Illinois Analog
- [8.5] RCRA and Its Illinois Analog
- [8.6] Clean Air Act and Asbestos NESHAP
- [8.6] Clean Air Act and Asbestos NESHAP
- [8.6] Clean Air Act and Asbestos NESHAP
- [8.7] Clean Water Act and Other Federal Environmental Laws
- [8.8] Illinois Environmental Protection Act
- [8.9] Metropolitan Water Reclamation District Act, Etc.
- [8.10] Trespass and Nuisance
- [8.11] Assessment of Risk
- [8.14] Allocation of Risk
- III. Some Recurring Issues That Require Special Attention
- IV. [8.30] Remedies
- V. [8.35] Sample Lease Provisions
- Chapter 9 — Insurance Coverage for Environmental Claims
- I. [9.1] Introduction
- II. [9.4] Policy Defenses
- III. [9.21] Policy Exclusions Barring Environmental Claims
- IV. [9.28] Minimizing the Exposure
- Chapter 10 — Treatment of Environmental Obligations in Bankruptcy
- I. [10.1] Overview of Bankruptcy Process
- II. Knowledge and Notice of Bankruptcy Proceedings
- III. [10.8] Claims
- IV. [10.14] Automatic Stay
- V. [10.15] Abandonment of Contaminated Property
- VI. [10.16] Environmental Cleanup Costs as Administrative Expenses
- VII. Environmental Issues in Bankruptcy-Related Property Purchases
- Chapter 11 — Site Remediation Program
- I. [11.1] Introduction
- II. Entering the Site Remediation Program
- [11.6] Application
- [11.7] Advanced Partial Payment for Services
- [11.8] Site Owner Authorization
- [11.9] Illinois Environmental Protection Agency Review of Application
- [11.10] Appeal of Illinois Environmental Protection Agency Denial of Application
- [11.11] Withdrawal or Termination of the Site Remediation Program Application
- [11.12] Use of Review and Evaluation Licensed Professional Engineer or Geologist
- III. The Site Remediation Program Process
- [11.13] Remedial Activities and Reports
- [11.14] Site Investigation
- Comprehensive Site Investigation
- [11.17] Focused Site Investigation
- [11.18] Determination and Implementation of Remediation Objectives
- Illinois Environmental Protection Agency Review of Plans and Reports
- Establishment of Alternative Groundwater Standards
- [11.27] No Further Remediation Letters
- [11.31] Remediation Sites Proposed for Use as Schools
- [11.34] Brownfield Programs
- [11.40] Available Resources for Additional Site Remediation Program Guidance
- IV. [11.41] Tiered Approach to Corrective Action Objectives
- Chapter 12 — Consultant Privileges and Proving CERCLA Defenses
- Chapter 13 — Environmental Disclosure Requirements: Accounting, SEC, and Sarbanes-Oxley Act Considerations Associated with Environmental Liability
- I. [13.1] Introduction
- II. Overview of the SEC Environmental Disclosure Requirements
- III. [13.7] Additional Requirements Imposed by Sarbanes-Oxley
- IV. Liability Under the Securities Exchange Act of 1934 and the Securities Act of 1933
- V. Impact of New Accounting Standards on Environmental Disclosure Requirements
- [13.16] Overview of Financial Accounting for Environmental Liabilities
- [13.17] SEC Staff Accounting Bulletin No. 92
- [13.18] Asset Retirement Obligations: FASB Statement No. 5, FASB Statement No. 143, and FASB Interpretation 47
- [13.19] Fair Value: Financial Accounting Standard No. 157
- [13.20] Contingent Liabilities Acquired in Business Combinations: FASB Staff Position No. 141(R)-1
- [13.21] U.S. Environmental Protection Agency Involvement
- VI. [13.22] Conclusion
- William J. Anaya
William J. Anaya
William J. Anaya is a Partner with UB Greensfelder LLP in Chicago, where he concentrates in environmental law transactions, litigation, and appeals. He is a Past Chairman of the IICLE® Board of Directors and has received IICLE®’s Addis Hull Award for Excellence in Legal Education. He is a member of the American, Illinois State, and Indiana State Bar Associations and is an active member of the Illinois State Bar Association’s Environmental and Natural Resource Law Section Council and Real Estate Law Section Council. Mr. Anaya received his B.A. from Purdue University and his J.D. from the Indiana University Maurer School of Law.
- Alexander J. Bandza
Alexander J. Bandza
Alexander J. Bandza is an associate at Jenner & Block LLP in Chicago, where he focuses on environmental and energy law. He is a member of the American Bar Association’s Section on Energy, Environment, and Resources, the Associates’ Committee, and the Chicago Chapter of the Young Professionals in Energy. Mr. Bandza received his B.A. in economics from Stanford University, where he graduated with interdisciplinary honors in environmental science, technology, and policy, and his J.D. from the University of California Berkeley School of Law, where he was a six-time American Jurisprudence Award and two-time Prosser Prize recipient.
- Robert Marc Chemers
Robert Marc Chemers
Robert Marc Chemers is a Senior Equity Partner at Pretzel & Stouffer, Chartered, in Chicago, where he concentrates his practice in insurance coverage and appellate and complex civil litigation. He is a member of the American and Illinois State Bar Associations and a Fellow of the American College of Coverage Counsel. Mr. Chemers received his BA magna cum laude from the University of Southern California and his JD cum laude from the Indiana University Robert H. McKinney School of Law.
- Christine L. Childers
Christine L. Childers
No bio available.
- Matthew E. Cohn
Matthew E. Cohn
Matthew E. Cohn is an Officer at Greensfelder, Hemker & Gale, P.C., in Chicago, where he concentrates his practice in real estate and the litigation of environmental and insurance coverage matters. Before becoming an attorney, he worked as a hydrogeologist for a global environmental engineering and consulting firm for several years. He is a member of the Illinois State Bar Association’s Environmental Law Section Council and the American Bar Association’s Section of Environment, Energy, and Resources. Mr. Cohn received his B.S. in Geology with honors from Bucknell University, his M.S. in Geology from Indiana University, and his J.D. with honors from Chicago-Kent College of Law.
- Kevin G. Desharnais
Kevin G. Desharnais
Kevin G. Desharnais is a Member of Dickinson Wright PLLC in Chicago, where he focuses on environmental law and is the Environmental, Energy & Sustainability Practice Group Chair. He is a former Board Member (2011 – 2018) and former Chair (2012 – 2014) of the Environment, Energy and Natural Resources Section of the Federal Bar Association, a former Member of the Association’s Chicago Chapter Board of Directors (2011 – 2021), and a former National Circuit Vice President for the Seventh Circuit (2015 – 2021). Mr. Desharnais received his B.S. in Natural Resources from Cornell University and his J.D. and Environmental Law Certificate from Pace University School of Law, where he was Articles Editor for the Pace Environmental Law Review.
- Kristin Laughridge Gale
Kristin Laughridge Gale
Kristin Laughridge Gale is a Partner in the environmental law firm of Nijman Franzetti LLP, in Chicago, where she focuses on litigation and enforcement-related issues, including private cost recovery, the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act of 1976 (RCRA), underground storage tanks, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and the Illinois Environmental Protection Act. She counsels clients on compliance issues as well as real estate transactions. Prior to joining Nijman Franzetti LLP, Gale was an assistant attorney general in the Environmental Bureau of the Illinois Attorney General’s Office. She was also an environmental consultant for a national environmental consulting firm, in which she performed due diligence inspections and conducted litigation support for various environmental actions. She is admitted to the Illinois Bar. Gale earned her B.S. from the University of California, Berkeley, and graduated cum laude from the University of Illinois College of Law.
- E. Lynn Grayson
E. Lynn Grayson
E. Lynn Grayson is a Partner at Nijman Franzetti LLP in Chicago, where she focuses on environmental and natural resources law. She is the Immediate Past President of the Chicago Bar Association. In 2023, she was named one of the 500 Leading U.S. Environmental Lawyers by LawDragon. In 2021, she was named Best Lawyers’ Environmental Lawyer of the Year-Chicago. Ms. Grayson received her J.D. from the Indiana University School of Law.
- R. Kymn Harp
R. Kymn Harp
R. Kymn Harp is a Shareholder and member of the Executive Committee at Robbins DiMonte Ltd., in Chicago, and has years of service as Chair of the firm’s Business and Real Estate Transactions Group. Harp has over 40 years of experience representing investors, developers, business owners, and other stakeholders in all aspects of commercial real estate transactions and development. He is a frequent presenter at IICLE® programs and ISBA programs on topics related to commercial real estate, and he is the author and moderator for www.Harp-OnThis.com, a commercial real estate and business blog. Harp has received awards and recognitions including the Martindale-Hubbell Peer Review (Rated AV – Preeminent, for Ethical Standards and Legal Ability), a multiyear selection as an Illinois Super Lawyer, and the Illinois Lincoln Award for Excellence in Legal Writing. He is a member of the Illinois, Indiana, and New Mexico State Bar Associations, and is an appointed member of the Illinois State Bar Association Real Estate Law Section Council. Harp earned his B.A. from Wabash College and his J.D. from University of Illinois – Chicago (John Marshall Law School).
- Keri L. Holleb Hotaling
Keri L. Holleb Hotaling
No bio available.
- Claire A. Manning
Claire A. Manning
Claire A. Manning is a Partner with Brown, Hay + Stephens, LLP, in Springfield, where she focuses on environmental law. She is a member of the Illinois State Bar Association’s Administrative Law, Women and Law, Environmental Law, and Agricultural Law Section Councils. In 2007, she was inducted into the Illinois Academy of Laureates, an honor bestowed on a select group of attorneys who have demonstrated excellence in the profession and in the practice of law. She was named a Leading Lawyer in 2008 – 2019. Ms. Manning received her B.S. from Bradley University and her J.D. from Loyola University School of Law.
- Jennifer T. Nijman
Jennifer T. Nijman
Jennifer T. Nijman is a Founding Partner of Nijman Franzetti LLP, a woman-owned environmental law firm in Chicago. She was formerly a Partner at Winston & Strawn LLP, where she served as Chair of the firm’s Environmental Law Practice Group. She has broad experience in litigation defense and enforcement-related issues, including common-law liability and toxic tort, private cost recovery, the Clean Air Act, the Resource Recovery Act of 1970, underground storage tanks, and all aspects of the Superfund process. Nijman has successfully represented clients in regulatory disputes and negotiations with both state and federal agencies and has implemented supplemental environmental projects/pollution prevention plans to reduce or eliminate fines and penalties. She is a Past President of the Chicago Bar Association and is a past Board President and certified mediator for the Center for Conflict Resolution. She currently serves as an appointed Commissioner on the Illinois Supreme Court’s Access to Justice Commission. She speaks and writes frequently on environmental law issues and is regularly named an Illinois Super Lawyer and a Best Lawyer and receives high praise from Chambers USA. Nijman earned her B.A. from the University of Illinois and her J.D. from the University of Chicago Law School, where she was a member of the Legal Forum.
- Joseph R. Podlewski, Jr.
Joseph R. Podlewski, Jr.
Joseph R. Podlewski, Jr., is in private practice with Podlewski & Hanson P.C., in Western Springs. Podlewski represents clients on a wide variety of environmental matters (including contested matters in state and federal court) and has appeared before numerous environmental agencies. He also provides advice and counsel to clients on environmental issues arising in commercial real estate transactions. He is a member of the Chicago and Illinois State Bar Associations. He is Past Chair of both ISBA’s Environmental Law Section Council and the CBA’s Environmental Law Committee and was appointed to the Governor’s Small Business Environmental Task Force in 1994. He was selected as both an Illinois Super Lawyer and Leading Lawyer and was featured in 2013 in Chicago’s Legal Leaders as among the “Top Rated Lawyers in Chicago” in the practice areas of environmental law and land use. He earned his B.A. from Northern Illinois University and his J.D. with honors from IIT/Chicago-Kent College of Law, where he was a Lead Articles Editor of the Chicago-Kent Law Review.
- Raymond T. Reott
Raymond T. Reott
No bio available.
- John L. Ropiequet
John L. Ropiequet
No bio available.
- Daniel R. Saeedi
Daniel R. Saeedi
Daniel R. Saeedi is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he focuses on employment and business litigation. He is a Member of the Board of the Illinois Bar Association, an Illinois Super Lawyers Rising Star, and a Crain’s Notable Minorities in Accounting, Consulting & Law. Mr. Saeedi graduated magna cum laude from The UIC John Marshall Law School.
- Seth J. Schriftman
Seth J. Schriftman
No bio available.
- Gabrielle Sigel
Gabrielle Sigel
No bio available.
- Steven M. Siros
Steven M. Siros
Steven M. Siros is a Partner at Jenner & Block LLP in Chicago, where he focuses on environmental law. Mr. Siros received his B.A. from Illinois State University and his J.D. from the Northern Illinois University College of Law.
- Cory White
Cory White
Cory White is an attorney with the International Business Law Group, in Chicago, where he focuses on general business representation, transactional drafting, and securities compliance. Mr. White is the Chair of the Illinois State Bar Association’s Business and Securities Law Section Council and the Vice Chair of the Association’s Committee of Racial and Ethnic Minorities and the Law. He is also a member of the American Bar Association’s Young Lawyers Division. He received his J.D. from DePaul University College of Law and his B.A. from Georgetown University.
Environmental Law in Illinois Corporate and Real Estate Transactions (ARCHIVED 2014 EDITION)
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