A Lender's Guide to Environmental Liability Management

About this book

Learn how to handle the uncertainty associated with environmental liability in A Lender's Guide to Environmental Liability Management. This concise, nontechnical handbook provides detailed information on how these ever-present liabilities can be managed effectively. It gives you the facts you need to explore lending opportunities in new areas while ensuring that your institution operates without unnecessary exposure to financial loss. This much-needed guide provides down-to-earth explanations of the liabilities arising from environmental problems, the science behind these liabilities, and the methods that lenders should implement to minimize financial risk - all without a single mathematical or scientific equation.The guide, divided into six main sections, is filled with must-have information focusing on o environmental law and the lender o the science of soil and groundwater contamination o recommendations for lending institutions' environmental policies o methods for management of contamination liability o techniques for management of contaminated sites o and the lender's role in trusts and financial management. Become environmentally literate and improve your financial decision-making outcomes with A Lender's Guide to Environmental Liability Management. This extremely useful and practical book will save you worry, time, and money.

Contents

An Introduction to Environmental Liabilities and How to Use This BookWhat Are the Types of Environmental Liabilities How to Use This BookEnvironmental Law and the LenderLiability for Soil and Groundwater ContaminationOther Environmental Liabilities (Clean Water Act, Endangered Species Act, Clean Air Act, Occupational Safety and Health Act)The Future of Federal Environmental LawsA Primer on Soil and Groundwater ContaminationWhat Is Contamination The Hydrologic Cycles and the Flow of Groundwater and Surface WatersHow Does Contamination Move Cleanup of ContaminationThe Lending Institution Environmental PolicyCreation of an Environmental Risk Manual of the Environmental Risk Manual Background Information on Risks and Rewards Criminal Sentences and Civil Penalties Indirect Customer Harm Background Information on Due Diligence Policy Statements Consultants Evaluation Steps Documentation/Specific Industries Problem AssetsManagement of Contamination LiabilityWhat Types of Transactions Should Require an Environmental Site Assessment Technical Aspects of the Transaction Screen ProcessTechnical Aspects of the Phase I Environmental Site Assessment Terms and Limiting Conditions, Contractual Responsibilities Site Information Site Descriptions Records Reviews Site Investigation Site Inspections Discussions of Special On-Site Investigations Discussions of Off-Site Investigations and Land Uses Findings and Conclusions Advantages of the Phase I ESA Disadvantages of the Phase I ESAManagement of Contaminated SitesContamination Found During a Phase I Environmental Site Assessment: The Art of Salvaging a DealContamination Found on Institution-Owned PropertyForeclosure of Contaminated PropertyThe Lender in Trusts and in Management InfluenceTrustsDecision InfluenceOther Environmental IssuesWetlandsSovereign LandsListed Species and Critical and Unique HabitatAsbestosRadon Gas and Indoor Clean AirElectromagnetic FieldsAppendicesSubstances Known to Contaminate GroundwaterEnvironmental AgreementEnvironmental Consulting Services AgreementEach section also includes a list of references for further reading

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