A Lender's Guide to Environmental Liability Management
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Summary
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.
Table of Contents
An Introduction to Environmental Liabilities and How to Use This Book
What Are the Types of Environmental Liabilities?
How to Use This Book
Environmental Law and the Lender
Liability for Soil and Groundwater Contamination
Other Environmental Liabilities (Clean Water Act, Endangered Species Act, Clean Air Act, Occupational Safety and Health Act)
The Future of Federal Environmental Laws
A Primer on Soil and Groundwater Contamination
What Is Contamination?
The Hydrologic Cycles and the Flow of Groundwater and Surface Waters
How Does Contamination Move?
Cleanup of Contamination
The Lending Institution Environmental Policy
Creation 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 Assets
Management of Contamination Liability
What Types of Transactions Should Require an Environmental Site Assessment?
Technical Aspects of the Transaction Screen Process
Technical 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 ESA
Management of Contaminated Sites
Contamination Found During a Phase I Environmental Site Assessment: The Art of Salvaging a Deal
Contamination Found on Institution-Owned Property
Foreclosure of Contaminated Property
The Lender in Trusts and in Management Influence
Trusts
Decision Influence
Other Environmental Issues
Wetlands
Sovereign Lands
Listed Species and Critical and Unique Habitat
Asbestos
Radon Gas and Indoor Clean Air
Electromagnetic Fields
Appendices
Substances Known to Contaminate Groundwater
Environmental Agreement
Environmental Consulting Services Agreement
Each section also includes a list of references for further reading
