Environmental Due Diligence and CERCLA Liability: Navigating ASTM Standards, LLPs, and Emerging Contaminants
April 23 @ 12:00 pm - 1:00 pm
Free
This CLE-eligible session is designed for attorneys and those advising clients on real estate transactions, redevelopment, lending, and environmental risk allocation. The presentation focuses on how environmental due diligence intersects with CERCLA liability, landowner defenses, and evolving regulatory expectations.
Key topics include:
- CERCLA liability fundamentals, including strict, joint and several, and retroactive liability
- Landowner Liability Protections (LLPs), including Bona Fide Prospective Purchaser (BFPP), Innocent Landowner, and Contiguous Property Owner defenses
- The ASTM E1527 Phase I ESA standard and its role in satisfying All Appropriate Inquiry (AAI)
- User responsibilities and common pitfalls that can undermine CERCLA defenses
- Recent ASTM updates and emerging contaminants, including PFAS and their growing relevance in transactions and litigation
The course is presented by Sean Leary, CEP, Associate Principal and Vice President of Transaction Risk Management at GZA. Sean is a national instructor for ASTM International, a Subject Matter Expert for the Certified Environmental Professional (CEP) program, and has overseen thousands of Phase I and Phase II Environmental Site Assessments nationwide.
Presenters/Speakers
Sean Leary
Associated Principal/VP - Transaction Risk Management
Sean Leary is an Associate Principal and Vice President of Transaction Risk Management at GZA, as well as the head of their Minnesota office. An Environmental Professional with 18 years of environmental due diligence and remediation consulting experience, Mr. Leary joined GZA as part of Vieau Associates Inc., which GZA acquired in January 2020. Since the acquisition Sean's office has completed over 2,500 projects, including 40 geotechnical projects – a service line it did not handle prior to joining GZA. Last summer, the Vieau Associates name was formally retired, and the office is now operating under the GZA brand while taking on new clients.
Sean serves as a national instructor and content developer for ASTM International, teaching Phase I and Phase II Environmental Site Assessment courses to a diverse profile of industry professionals and is part of a small cohort that is developing ASTM’s Certified Environmental Professional (CEP) Program.
Sean's environmental due diligence experience is extensive, including completion, management, and review of thousands of Phase I ESAs and hundreds of Phase II Investigations spanning over 35 states. His due diligence consulting expertise also includes review and management of hundreds of Property Condition Assessments (PCAs) across the nation. He also served on the Environmental Bankers Association (EBA) Board of Governors from 2018 through 2023.
Sean also manages a team completing complex site investigations and remedial projects, including installation of vapor mitigation systems, underground storage tank removals, petroleum release investigation and cleanup, brownfield site investigation, cleanup, and redevelopment. Mr. Leary has extensive experience in the management of assessments for asbestos, mold, lead risk assessments, radon, geotechnical, stormwater, environmental compliance, and wetlands. He is well versed in risk-based site evaluation and has a demonstrated track record of securing liability assurances and regulatory approvals through State Voluntary Investigation and Cleanup and Brownfields Redevelopment programs as well securing grant awards for site investigation and redevelopment.