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Environmental Considerations in Business and Real Property Transactions: Highlighting the Connecticut Transfer Act

Connecticut Attorneys Title Insurance Company (CATIC)

November 10, 2010

November 10, 2010

Course Description:

Connecticut lawyers are increasingly being called upon by their clients to evaluate environmental issues associated with the transfer of real property or business operations in Connecticut. These issues are unique to Connecticut and go well beyond principles of general environmental law. To provide such counsel, an understanding of the objective and statutory authorization contemplated by the Connecticut Transfer Act and Connecticut’s Remediation Standard Regulations is necessary. In addition, the role of Licensed Environmental Professionals (“LEPs”) in investigating and overseeing site remediation in Connecticut is fundamental to understanding how sites achieve compliance under the Transfer Act. However, the task of compliance has become increasingly complex, and an LEP’s professional judgment is subject to Connecticut Department of Environmental Protection (“DEP”) audit and evaluation. This course will provide an overview of the Connecticut Transfer Act and programs that LEPs are being charged with overseeing and administering, the standards and policies that apply to such to programs and the legal aspects and nuances of implementing them.

After an in-depth review of the Connecticut Transfer Act, the Voluntary Remediation Program, the role of Environmental Land Use Restrictions to achieve compliance, remediation policies created by DEP, Covenants Not To Sue and LEP Verifications will be reviewed.

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