Terraphase’s Andy Lojo, PG, Co-Authors Article on Regulatory and Legal Disclosure Requirements
The current issue of the American Bar Association’s Section of Environment, Energy, and Resources; Environmental Transactions and Brownfields Committee (ETAB) newsletter (December 2016; Vol. 19, No 1), contains an article by Alison Torbitt, Esq. of Nixon Peabody LLP, and Andrew Lojo, P.G., Principal Geologist of Terraphase Engineering Inc. The article discusses the important regulatory and legal considerations a buyer or seller should evaluate when “minor” environmental contamination is discovered on the subject property. Must that buyer, seller, owner, or operator notify a regulator before proceeding with the transaction or conducting remediation? When is it not mandatory and when is notification still recommended and why? The article peels back many layers of the regulatory and legal disclosure requirements associated with “minor” present or historical releases, the pros and cons of seeking regulatory oversight in the redevelopment process, and how these decisions impact the project. The teaming of perspectives from Alison and Andy as an environmental attorney and an environmental consultant, provides a uniquely comprehensive synopsis of these important property transaction and redevelopment decisions that many Terraphase clients will find useful and enlightening.