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Program Details
2026-09-23 14:30:00
Over 1,000+ webinars
Course Overview
2026-09-23 14:30:00
2h CLE Credits
Intermediate
2
This session examines the environmental due diligence framework and CERCLA liability defenses available to attorneys representing data center developers acquiring contaminated brownfield sites. Attendees will learn how to structure a Phase I ESA that satisfies All Appropriate Inquiries under ASTM E1527-21 or ASTM E2247 to satisfy one the CERCLA liability protections, how ASTM E2247 differs when the target site is rural or a large tract, and how to maintain post-closing appropriate care obligations and potential advantages of siting data centers on brownfield sites as opposed to greenfields. The session will also address how the PFOA and PFOS CERCLA hazardous substance designations affect diligence scope and acquisition risk. Attorneys will leave with a practical framework for evaluating environmental conditions and protecting a client’s position before and after closing.
This session examines how state brownfield and voluntary cleanup programs structure liability protection, financial incentives, and regulatory closure for contaminated site redevelopment, with a focus on sites being developed as data centers. Attorneys will learn about program enrollment, site cleanup agreements, institutional controls, and no-further-action letters or the equivalent across multiple jurisdictions, with an emphasis on New York. Attendees leave with a practical framework for sequencing state program participation relative to deal milestones, identifying compatibility issues between site controls and data center operations, and working with state agencies.
Schnapf LLC
FBT Gibbons LLP
Schnapf LLC
Lawrence P. Schnapf is the principal of Schnapf LLC and an environmental attorney with more than 40 years of experience handling environmental issues in real estate, corporate, brownfield, financing, and redevelopment transactions. His geology training gives him a technical perspective on contaminated sites, which complements his legal practice in environmental due diligence, liability, and brownfield redevelopment. He also represents clients in environmental litigation, enforcement, and cost-recovery matters.
FBT Gibbons LLP
Matthew J. Sinkman is a partner at FBT Gibbons LLP whose environmental practice focuses on contaminated-property transactions, Superfund litigation, site remediation, and environmental enforcement. He represents buyers, sellers, and developers of contaminated properties as well as plaintiffs and defendants in hazardous-site disputes, giving him experience with both the transactional and litigation consequences of environmental liabilities.
Schnapf LLC
Lawrence P. Schnapf is the principal of Schnapf LLC and an environmental attorney with more than 40 years of experience handling environmental issues in real estate, corporate, brownfield, financing, and redevelopment transactions. His geology training gives him a technical perspective on contaminated sites, which complements his legal practice in environmental due diligence, liability, and brownfield redevelopment. He also represents clients in environmental litigation, enforcement, and cost-recovery matters.
FBT Gibbons LLP
Matthew J. Sinkman is a partner at FBT Gibbons LLP whose environmental practice focuses on contaminated-property transactions, Superfund litigation, site remediation, and environmental enforcement. He represents buyers, sellers, and developers of contaminated properties as well as plaintiffs and defendants in hazardous-site disputes, giving him experience with both the transactional and litigation consequences of environmental liabilities.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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