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Joe Maternowski Presents at 2007 Minnesota Environmental Law Institute

On April 19, 2007, Joseph G. Maternowski, a member of Moss & Barnett's Environmental Law practice area, participated in the 2007 Minnesota Environmental Law Institute and presented a session entitled "All Appropriate Inquiries": An Environmental Due Diligence Update. Joe discussed changes in due diligence practices in commercial real estate transactions, including revisions to the ASTM's Standard Practice for Phase I Environmental Site Assessments based on the U.S. Environmental Protection Agency's "All Appropriate Inquiries" rule. Phase Is are used as a tool to assess the past use and condition of property. If recognized environmental conditions are identified, further assessment including testing of soils or groundwater may be warranted. If proper procedures are followed, a purchaser may seek liability assurances from state and federal regulatory authorities. If contamination is discovered at a later date, a purchaser may claim that it is entitled to innocent landowner protection.

(April, 2007)