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Webinar – New CERCLA PFAS Designations: Strategies for Managing Risks and Moving Deals Forward

Watch Recording

EPA’s final rule designating PFOA and PFOS as hazardous substances under CERCLA is effective July 8, 2024. This new rule has significant implications for environmental professionals and all parties involved in commercial real estate transactions, property redevelopment, and certain ongoing operations (manufacturing, landfilling, use of fire suppression systems, for example).

Join our multidisciplinary “PFAS team” for a critical and timely discussion. The team features environmental consultant Dana Wagner (Terracon), attorney Meaghan Colligan (Holland & Knight), and environmental insurance expert Jared Dubrowsky (NFP).

Moderated by Melanie Veltman, ERIS’ director of research and data, the webinar will focus on strategies to move property transactions and redevelopment projects forward despite PFAS challenges and evaluate risks and compliance measures in current operational portfolios.

The team will address:

• Statutory and tort liability considerations for current and prospective property owners.
• Impacts of the new designation on environmental due diligence and best practices under ASTM’s Phase I standard.
• Risk management strategies, including the use of environmental insurance, risk assessments, and compliance programs.
• How to use available PFAS data to inform decision-making.

Get strategic insights to avoid liability, manage costs, and navigate redevelopment and ongoing operations at impacted properties. Through several hypothetical scenarios the team will identify potential PFAS issues and provide strategies for identifying, managing, and mitigating risks related to these unique and pervasive hazardous substances.

The 75-minute webinar will include ample time for Q&A.

Disclaimer: ERIS is providing this topic to you for your information purposes only. ERIS has no opinion one way or another regarding the subject matter.

About the Speaker:

Dana Wagner Dana Wagner, CHMM, Director of Environmental Due Diligence Services / Senior Principal and Vice President, Terracon
Dana Wagner is a Senior Principal and Vice President of the firm. He serves as the Director of Environmental Due Diligence Services and Leads the Financial Legal and Investment Sector of National Accounts. He has 33 years of experience managing thousands of due diligence projects across the United States, Canada and Mexico as well as experience in Europe and Asia. Dana specializes in transaction-oriented environmental due diligence, particularly for the financial, legal and investment sectors. He has represented buyers and sellers in stock and asset transactions, providing Phase I & II environmental site assessments, regulatory compliance audits, strategic planning for environmental matters, and post-closing site response. Dana advocates for team-oriented, client-focused and innovative approaches in the due diligence practice.  
Meaghan A. Colligan, Partner, Holland & Knight LLP
Meaghan A. Colligan is an attorney licensed in Washington, D.C., and New York and a member of Holland & Knight’s Public Policy & Regulation Group. She focuses her practice in the areas of environmental, land use, renewable energy and municipal law.Ms. Colligan provides strategic legal, policy and business advice to manufacturing, transportation and energy clients that are developing innovative technologies and sustainable practices that reduce emissions, increase renewable energy, increase the recyclability and sustainability of products, and reduce the amount of waste in landfills and the ocean. Her work is grounded in guiding and assisting industries with formulating regulatory, legislative, and operational pathways to create and transition to a circular economy and deploy renewable energy.While the nation transitions with a focus on environmental sustainability goals (ESGs) and decarbonizing, Ms. Colligan assists companies with mitigating environmental contamination risks and successful reuse of impacted properties. This work includes Superfund, Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), and tort litigation and enforcement defense; brownfield redevelopment with renewable energy sources; and environmental support in real estate and corporate transactions involving potentially contaminated land and compliance concerns. Ms. Colligan has extensive experience with issues related to site selection and permitting for innovative development, and emerging contaminants, such as per- and polyfluoroalkyl substances (PFAS).Ms. Colligan also assists companies with preventing new impacts through the development and management of environmental, health and safety compliance programs. This also includes building out ESG programs and assisting with product compliance concerns related to FIFRA, TSCA, and green marketing and labeling. Her work includes frequent contact with the U.S. Environmental Protection Agency (EPA) and state environmental regulatory agencies; negotiations between companies regarding their “fair share” of cleanup costs for historic contamination at large Superfund sites; and complex financial, business, insurance and engineering risk analysis.
Jared Dubrowsky, Senior Vice President, NFP
Jared Dubrowsky is the Senior Vice President of NFP’s Environmental Insurance practice. Jared has over 20 years of experience in Environmental Risk Management and Insurance.Jared works with buyers, sellers, and operators of properties as well as business owners to identify their environmental exposures and design environmental insurance programs that ensure that exposure is properly insured.Before entering the insurance arena, Jared worked in various roles within the environmental field including Regional Environmental Risk Officer for Santander Banks, Multi-family Specialty Lending Unit, Project Manager and Environmental Specialist with the City of New York, Department of City Planning and Environmental Specialist at Stantec Consulting.Jared previously served as a volunteer firefighter for over 17 years with the Hewlett Fire Department. Jared was a Certified Interior Fire Fighter and Motor Pump Operator where he had hands on experience with AFFF foam.

About the Moderator:

Scott Davis, SVP, Industry Engagement, ERIS
Scott joined ERIS with the merger of GeoSearch in December 2020. Scott was a founding partner and the Chief Operating Officer of GeoSearch for over 23 years. Upon his arrival at ERIS, Scott was responsible for the development and implementation of ERIS operational strategies and service processes. As of March 2022, Scott was appointed Senior Vice President, Industry Engagement, to oversee ERIS’ significant activities in the market, engaging with customers, association interests, tradeshows, and developing webinars, podcasts, and promoting industry thought leadership. Additionally, Scott has a significant depth of industry experience including project management, technical support for numerous environmental assessments, feasibility studies, and wetland determinations throughout the United States while working at Carter & Burgess, Maxim Engineering, Huntington and Southwestern Labs. Scott is the treasurer for the Industry Council on the Environment (ICE), founder and board member of the Central Texas Association of Environmental Professionals, and the Vice President of Municipal Utility District 23.