Environmental Risk Management: Principles and Applications
Pollution and other environmental risks may be caused by a company due to accidents or incidental consequences of intentional acts. Risk management, starting with a systematized environmental assessment, can reduce the liabilities and costs associated with operating and responding to environmental events and so help maintain a positive brand image for the company’s stakeholders. In-house counsel as well as specialty advisers play key roles.
In this LIVE webcast, a panel of thought leaders brought together by The Knowledge Group will discuss the legal and regulatory frameworks underlying programs to assess, prevent and remedy environmental damage, and lay out best practices for companies to adopt, implement and conform to compliance protocols. The panel will also cover the use of metrics and monitoring tools to increase a company’s knowledge base for risk management.
Key Topics Include
- Risk Assessment
- Prevention and Remediation Costs
- Environmental Liability Insurance
- Transactional Insurance
- Compliance Protocols
- Disaster Mitigation
- Legal/Regulatory Regimes
Joseph D. Picciotti, Leader, Environmental Practice Group
Harris Beach PLLC
Management of Environmental Risks Facing Buyers and Sellers in Transactions Involving Contaminated or Potentially Contaminated Property
- Identify early in the transaction process (at the formal offer stage where basic terms are discussed and offer sheets are being exchanged) the nature of potential environmental issues (i.e. will these issues have a material impact on the value or use of the property), and what level of due diligence will be required to ascertain the nature of the risk (will sampling likely be required, what type of information may be available including previous sample results etc.).
- Identify tools available to address the risks identified; will there be adequate time to not only complete due diligence, but to have the seller address any issues (clean up) before closing.
- If the issues cannot be addressed before closing, is an adjustment of price available that will account in some fashion for the risk being assumed or is there a legitimate indemnification commitment available, or if not is there another method to deal with the risk, setting up an escrow fund (bucket) to address any issues post-closing.
- What other tools are available to close the deal when other tools are not available, such as pollution liability insurance coverage, warranty and representation coverage etc.
Kenneth Cornell, Managing Principal
- Tools for managing environmental risk
- Common Environmental Transactional Concerns
- Traditional Environmental Risk Management Tools for Transactions
- Role of Environmental Insurance in Mergers and Acquisitions
- Environmental Site Pollution (ESP) Insurance
- Other Environmental Site Pollution Coverage Considerations
Christopher J. Braun, Partner
Plews Shadley Racher & Braun LLP
- The Four Fundamental Steps of Environmental Cleanups
- The Challenges of Securing Funding For Environmental Cleanups
- Quasi-Public and Private Funding Options
- Insurance Coverage Steps Before Undertaking Environmental Investigation
- Typical Liability Insurance Policies
- Consider Insurance in Every Cleanup Case
- How Insurance Coverage Became Crucial to Indiana Environmental Cases
Who Should Attend:
- Environmental Compliance Attorneys
- Energy and Environmental Consultants
- Insurance Attorneys
- Environmental Claims Litigators
- In-House Counsel
- Risk and Compliance Officers
Mr. Picciotti is chair of the environmental practice at Harris Beach PLLC. He focuses his legal practice on environmental regulatory counseling and litigation as well as land use counseling and litigation. Mr. Picciotti has substantial experience representing companies and municipalities in hazardous waste site clean-up actions, including prosecuting and defending environmental claims involving private parties and municipalities. His environmental practice includes counseling public and private corporations on complying with federal and state regulatory requirements concerning storing, maintaining, and handling, petroleum, hazardous substances and hazardous wastes
His practice also includes environmental investigations, including due diligence matters undertaken pursuant to transactions, as well as drafting appropriate provisions to address the purchase and sale of assets which present potential environmental risk.
Mr. Picciotti is chair of the environmental practice at Harris Beach PLLC. He focuses his legal practice on environmental regulatory …
Ken Cornell is Managing Principal of Enviant, a Division of Euclid Environmental Underwriters, LLC. Ken, along with a team of industry veterans, launched Enviant in March of 2016, building a team of underwriting, claims and legal professionals to deliver a diverse portfolio of environmental insurance products and services. He began his career with AIG in 1985, rising from an entry level underwriting position to Executive Vice President of AIG Environmental, ultimately managing a $1B environmental insurance portfolio and team of over 150 underwriters in 12 offices. In addition to his US role, his duties at AIG also included responsibility for the global environmental reinsurance program which supported both US and non US business. Subsequent to his time at AIG, Mr. Cornell built an environmental wholesale brokerage unit at a national wholesale broker and launched several successful startup environmental insurance divisions for large publicly traded insurance carriers. He has a BA in Biology from Gettysburg College and a Master’s degree in Environmental Management from Duke University.
Ken Cornell is Managing Principal of Enviant, a Division of Euclid Environmental Underwriters, LLC. Ken, along with a team of …
Chris Braun is a partner in the law firm of Plews Shadley Racher & Braun, in Indianapolis, IN, where he focuses on complex litigation, transactional, administrative and legislative matters. He serves as General Counsel to the Indiana Petroleum Marketers and Convenience Store Association.
Chris has been retained as defense counsel in hundreds of cases to represent individuals and corporate defendants in complex claims involving breach of contract, business litigation, toxic tort, real estate, insurance coverage and environmental matters. As plaintiff's counsel, Chris represents individuals and corporations in similar types of matters and has served as lead counsel in dozens of client matters that have each resulted in recoveries of more than $1,000,000.
For 2017, Chris was selected as one of Indiana Super Lawyers Top 50 Lawyers. In 2008, Chris was inducted as a fellow to the American College of Environmental Lawyers as a leading environmental lawyer in Indiana, and has been selected for inclusion in Best Lawyers in America and Indiana Super Lawyers lists since 2004.
Chris Braun is a partner in the law firm of Plews Shadley Racher & Braun, in Indianapolis, IN, where he …
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Method of Presentation:
Experience in environmental law
NASBA Field of Study:
Management Services - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Harris Beach PLLC
Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the 2016 BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state an local governments and authorities.
Our reach is not limited by our brick and mortar locations. We mobilize professionals with the best-suited experience to serve clients where they need us, whether regionally, nationally or internationally. While Harris Beach has a strong office presence throughout New York state and the tristate area, our capabilities extend far beyond. Many of our practices are national in scope. The firm also has a network of regional firms across the county to draw upon. We serve the needs of many foreign companies with their investments across the U.S., including mergers and acquisitions of U.S. entities. For clients making international investments or seeking intellectual property protections, we can access a large international network of law firms we routinely work with and know we can rely upon.
Through the strategic application of our resources, relationships, legal experience and consulting expertise, we build the right team to get the job done for our clients – efficiently and cost-effectively. Every person at Harris Beach is committed to being accessible, productive, responsive and technologically sophisticated to provide the utmost value to our clients.
Enviant is focused exclusively on providing a comprehensive suite of environmental insurance products and services to a range of commercial clients. With a highly experienced team of technical experts, a one-of-a-kind approach to underwriting, and a comprehensive service profile, Enviant stands apart as a thoroughly unique approach to environmental insurance and risk management. Enviant is a division of Euclid Environmental Underwriters, LLC part of the Euclid Program Managers family of program administrators. Enviant is a managing general agent and Lloyd’s coverholder, offering insurance products backed by Lloyd’s of London.
About Plews Shadley Racher & Braun LLP
Established in 1988, Plews Shadley Racher & Braun LLP (PSRB) has emerged as a multi-service firm with the largest environmental law practice in Indiana, providing the breadth and depth of experience and technical knowledge to handle complex issues. The vast majority of our attorney’s do most of their work on environmental or environmentally-related insurance coverage matters.
Our environmental experience and expertise is broad and deep, as well as focused. We work regularly with the Indiana Department of Environmental Management (“IDEM”) and U.S. Environmental Protection Agency (“DNR”) water, surface coal mining & reclamation, oil and gas and wildlife programs. We also have expertise in Petroleum and Hazardous Substance cleanup, underground storage tanks, remediation, permitting, and health and safety laws including OSHA compliance and enforcement.
What we do - we do well. Our continued growth is a direct result of the quality services provided to our clients, and why they come back to us with new challenges. These opportunities have led us to expand our areas of knowledge and understanding to include:
- Environmental & Energy Law
- Insurance Coverage
- Healthcare & Life Sciences Law
- Complex Litigation & Appeals
- Corporate & Transactional Services
- Agriculture & Employment Law
- Real Estate, Zoning, & Land Use
PSRB is headquartered in Indianapolis, IN with offices in South Bend, IN. Additional information about Plews Shadley Racher & Braun LLP and the firm’s attorneys is available at www.psrb.com.