RISK-E-Business Podcast ERIS

The very definition of “waters of the United States,” or WOTUS, under the Clean Water Act, has been the subject of extensive litigation and controversy for decades. Join Mary Ann Grena Manley, Founder and President of 15E Communications, and Rafe Petersen, a partner in the Washington, D.C., office of Holland & Knight, for an in-depth conversation as they explore the current WOTUS rule and its regulatory history. They also discuss the significance of the recent Supreme Court ruling in Sackett v. Environmental Protection Agency, its impact on regulatory requirements, and implications for land development, pending transactions, and environmental due diligence. 

ERIS’ Dave Colonna, Director of Lender Services, speaks with John Rybak, Senior Vice President, Environmental Risk Manager, Truist Financial. John shares his views on managing risk, planning during uncertain economic times, and what steps can be taken to address slowdowns. The discussion outlines the differences between what’s happening now compared to during the mortgage crisis of 2008/9, and during the pandemic of 2020. From departmental implications and considerations to wider industry observations, the discussion covers much ground and provides thoughtful insights from an industry veteran.

Environmental justice is a hot topic at the state and federal level, with emerging policies affecting everything from permitting decisions to company acquisitions and real estate transactions. Join Mary Ann Grena Manley, Founder and President of 15E Communications, and guest Matthew Karmel, Chair of the Environmental and Sustainability Law Group of Offit Kurman, for a conversation about recent policy and regulatory developments in environmental justice and practical impacts for environmental professionals. Discussion items include the intersection of EJ policy and energy policy, what states are leading the way on EJ issues, and how these regulatory changes affect specific projects.

Environmental, social, and governance (ESG) factors and mega-economic trends are transforming the commercial real estate market and impacting brownfields redevelopment. Join Mary Ann Grena Manley, Founder and President, 15E Communications, and guest Dan French, Founder & Principal of dbForesites and President of Brightfield Productions, for a lively discussion about how global factors and ESG are influencing public and private investment in infrastructure, real estate, and beyond. Critical discussion items include the importance of identifying all risks in CRE portfolios that have financial consequences and preparing for the wealth of new opportunities emerging as the transition to the green economy takes shape and worldwide markets shift.

Although ASTM's Standard Guide for Identifying and Complying with Continuing Obligations (E2790-20) doesn't get the star treatment the Phase I standard enjoys, it plays a critical role in the environmental due diligence continuum, kicking in for property owners who acquire contaminated sites. Often, these are properties purchased for redevelopment. For parties looking to ensure liability protections under federal law (CERCLA) or state law, or to ensure they’re following best practices for general risk management for contaminated properties, the guide is a critical post-acquisition implementing tool. Notably, the first step the user takes under E2790-20 is to review the site’s Phase I report. Join Mary Ann Grena Manley, President, 15E Communications, and guest Mike Sowinski, Vice President, Terradex, for an enlightening conversation about ASTM's standard guide for land stewardship.

This is important and must-know information. Among the many changes, the new standard provides more guidance about the extent of historical research needed, and specifically, when it comes to identifying Environmental Liens or Activity and Use Limitations – AULs. The new standard seeks to improve the accuracy of report conclusions by specifying that title records must be researched back to 1980. But how will this translate to how EPs conduct Phase Is for their clients? Join Jeff Doerner, Senior VP at ERIS, and his guest David Mitchell from AFX Research. As President of AFX Research, and as a member of the advisory sub-committee focusing on liens for the 1527-21, David is in a unique position to discuss the lay of the land, the upside and downside that will affect practitioners and clients alike.