All Appropriate Inquiry: Does Your Phase I Measure Up


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About the Seminar
It happens all the time. You are in the middle of a transaction and you receive the phase I report from the consultant. You are confronted with hundreds of pages of incomprehensible text, photos, and appendices. And so you skip right to the consultant's executive summary, which says that there are no environmental problems found at the site. But has the report been prepared in accordance with the proper ASTM standard? What happens if the consultant skipped some steps, failed to make the correct certifications, or has made other errors? Is your client's protection from CERCLA at risk, and if so, what is your client's recourse against the consultant for malpractice? Are there other environmental risks at the site that are outside the scope of a phase I report that your client needs to know about? What do you do if the phase I shows Recognized Environmental Conditions?  What does this mean for the transaction?
 
This seminar contains common-sense advice on engaging consultants, what to do with reports prepared by someone else's consultant, red flags to look out for, how environmental conditions are characterized, when further site assessment is warranted, and finally, when you might need further counsel to protect your client.
 
Speaker: Alexander G. Shissias
 
Mandatory MCLE Credit Hours
This seminar qualifies for 1.0 MCLE credit hour.
This is a Basic Level Program.
 
 

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2022, please use this course code: 223025ADO.

 

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 231486ADO. 

 
 

 

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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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