The 10th annual NYS Organics Summit is happening at the Hyatt Regency Buffalo Hotel and Conference Center in Buffalo, NY. This year’s event will be hybrid, offering in-person and virtual access. The NYS Organics Summit is an opportunity to connect with more than 200 materials management professionals to share success stories, learn about emerging issues, develop networks and partnerships, and discuss creative solutions to help advance sustainable organics management across New York State. The event’s program includes presentations, panel discussions, networking, and workshops. A student poster showcase will be hosted on Wednesday, April 17th and separate tickets are available for those interested in touring the NOCO Forestry’s Buffalo River Compost Facility and Generate Upcycle’s anaerobic digester.
The event is open to NYSAR3 members and non-members, with special pricing for students. Register today!
Carolinas Air Pollution Control Association (CAPCA) is hosting its 2024 Spring Meeting at the historic Omni Grove Park Inn in Asheville, North Carolina. CAPCA is a forum for over 600 members to share perspectives on air pollution control across the Carolinas. This year’s Spring Meeting features updates on regulations and enforcement, specialty workshops on testing and monitoring procedures, door prizes, and giveaways. This year’s exhibitor social, “The Great Outdoors,” invites attendees to wear their favorite gear for a fun gathering with fellow outdoor enthusiasts.
The event is open to CAPCA members and their guests. Register onsite!
Join SCS Engineers as a Platinum Sponsor at the 40th Annual Environmental Training Symposium & Conference, held in-person at the San Diego Convention Center. This conference includes 25 educational sessions on three tracks running simultaneously over two days, May 13th-14th. The conference hosts a robust Exhibit Hall, an Awards Luncheon, and a San Diego Bay Yacht Cruise. Panels will cover topics including air, hazardous materials, health & safety, sustainability, and water quality, with expert speakers from Southern California.
Register today!
Join SCS Engineers at the 34th Annual Environment Virginia Symposium at the Virginia Military Institute in Lexington, Virginia. The event is cohosted by state agencies and organizations, including the Virginia Department of Environmental Quality (VADEQ) and Virginia Environmental Endowment. As the Commonwealth’s premier environmental conference, it brings together environmental professionals from all sectors: government, non-profits, academia, and industry throughout Virginia. The agenda includes about thirty sessions with topics ranging from climate resilience to emerging contaminants, notable speakers, workshops, and opportunities for professionals to earn CEUs. Featured events include a keynote address by Governor Glenn Youngkin, a “Rising Leaders” workshop, and a poster showcase for college students to share their research.
Register today for this exciting event!
Environmental & Emerging Claim Manager Association (EECMA) is hosting its 38th annual conference at The DeSoto Savannah in beautiful Savannah, Georgia. EECMA is a nonprofit association dedicated to helping educate its members about the many issues surrounding emerging risks, environmental, asbestos, and other long-term exposure litigation that continues to challenge (re)insurers and our policyholders. Join SCS Engineers at EECMA’s 2-day conference featuring industry-specific cutting-edge topics presented by attorneys, consultants, and insurance professionals who are experts in their respective fields. Attendees can enjoy network opportunities during the kickoff dinner and keynote address on Wednesday, April 3rd, and cocktail reception on Thursday, April 4th.
Register today for this engaging event!
Join SCS Engineers at the 2024 Pennsylvania Brownfields Conference, presented by the Pennsylvania Department of Environmental Protection in partnership with the Engineers’ Society of Western Pennsylvania (ESWP). Taking place from March 25th to 27th at the Penn Stater Hotel & Conference Center in State College, PA, this conference is a key event for environmental professionals, developers, and stakeholders involved in brownfield redevelopment across the state.
The Pennsylvania Brownfields Conference is a premier platform for exploring innovative solutions and best practices in brownfield redevelopment, environmental remediation, and community revitalization. Attendees will have the opportunity to engage in insightful discussions, gain valuable industry insights, and network with experts and peers from various sectors.
Don’t miss this opportunity to connect with professionals passionate about transforming blighted properties into vibrant community assets. Visit the 2024 Pennsylvania Brownfields conference website for registration details, agenda information, and more!
Get more information on Brownfields and Grants.
EPA is issuing a new Clean Water Act (CWA) rule that requires certain facilities to prepare and implement facility response plans (FRP) that address the storage and worst-case discharge of hazardous substances (HSs).
According to the EPA, the facility response plan requirements apply to facilities that could reasonably be expected to cause substantial environmental harm based on their location. These include facilities with a maximum onsite quantity of a CWA hazardous substance that meets or exceeds threshold quantities, located within a 0.5-mile radius of navigable water or conveyance to navigable water, and meets one or more substantial harm criteria.
From EPA’s site: See CWA Hazardous Substance Facility Response Plan Applicability.
Facilities may be identified as posing substantial harm either through a self-identification process or a process whereby EPA Regional Administrators may assess facilities on a case-by-case basis and, if appropriate, require a facility to develop a response plan based on, among other things, concerns related to potential impacts of a worst-case discharge on communities with environmental justice concerns.
The CWA hazardous substance FRP requirements apply to facilities that:
EPA estimates that the rule will impact 12,618 facilities, including 7,264 estimated for rule familiarization and the Substantial Harm Certification Form, and 5,354 facilities further developing and maintaining FRPs under the final rule.
Facilities will be required to submit FRPs to the EPA within three years of the new rule’s effective date.
Here is the link for the EPA webpage: https://www.epa.gov/hazardous-substance-spills-planning-regulations/final-rulemaking-clean-water-act-hazardous
And here is the link for the pre-publication of the Federal Register notice for the new rule: https://www.epa.gov/system/files/documents/2024-03/cwa-hs-frp-final-rule-pre-publication_.pdf
These young professionals, recognized in the environmental industry as rising stars, are making a difference. The 40-U-40 program introduces us to inspiring and innovative professionals under 40 who have made significant contributions through their work in waste, recycling, food waste, and organics. These environmental solutions provide proven and substantial positive impacts in lowering carbon footprints and helping us reach sustainable goals toward carbon neutrality.
Ketan Shah is a dedicated waste industry professional who focuses on technology solutions to lower environmental and health risks while looking to improve efficiency. Shah is an expert in landfill gas recovery modeling, refuse transfer station design, and life cycle assessment modeling. His contributions as a scholar and practitioner to environmental advancement are undeniable due to his published research and award-winning projects.
Dr. Shah’s impact on the waste management industry is ongoing, making him a great asset to SCS, its clients, and the community. Waste 360’s slideshow shows all the 2024 Awardees.
Cited Publications:
The ABA Annual Spring Conference on Environmental Law, April 3-5 in Chicago, IL., is where you join leading environmental, energy, and resources law professionals for knowledge-sharing, networking, and inspiration in the Windy City. The conference provides timely, topical updates on the latest opportunities and challenges facing the field of environmental law, with a deep dive into the fields of environmental compliance, energy, and resources law. Join – SEER – the Section of Environment, Energy, and Resources, to learn about the latest developments shaping the practice today and the long-term trends that will drive the future.
What to Expect
Lively discussions with leading practitioners, including state and federal regulators, leading scholars, and in-house counsel. Each day will kick off with a plenary session diving into key topics: one on forthcoming Supreme Court decisions that could reshape environmental law, and one on the evolution of EPA’s enforcement tools. A special track of panels will focus on the challenges of regulating across multiple jurisdictions. Panels in this series will help attendees understand how state priorities shape Clean Air Act and Clean Water Act implementation, parse through competing frameworks steering the energy transition, and make sense of global ESG trends influencing U.S. policy. The conference will also feature a litigation workshop focused on cutting-edge strategies for using unique types of evidence, like Indigenous Knowledge, in the courtroom.
Panels will examine liability mechanisms for historical PFAS, explore how regulatory pathways for emerging contaminants will impact clients, and consider practical approaches to environmental justice through the lens of a real case study in Chicago. Top speakers will weigh in on balancing the energy transition against national security and the ethical implications of artificial intelligence for lawyers. In addition to insights and practice tips from top practitioners, two panels will begin with case summary presentations by law students and young attorneys that attendees can use in their own practices.
Whether you are an experienced practitioner or in the beginning stages of your practice, join us in Chicago to create new connections, exchange perspectives, and get inspired by your fellow environmental, energy, and resources law professionals.
Mergers and Acquisitions Due Diligence Trends
In the realm of Mergers and Acquisitions (M&A), environmental due diligence is a pivotal aspect, essential for evaluating potential risks, liabilities, and costs, and ensuring adherence to environmental laws and regulations. This diligence profoundly affects transaction valuation, structuring, and negotiation.
The key to this process is verifying compliance with environmental regulations at target facilities, which encompass local, regional, and national laws and standards related to pollution, waste management, resource use, and other environmental aspects.
Conducting All-Appropriate Inquiries (AAI) is vital for assessing a property’s environmental conditions and potential contamination liabilities. Under CERCLA 101(35)(B), following established commercial and customary standards, these inquiries are crucial for certain CERCLA liability defenses, including bona fide prospective purchaser, innocent landowner, and contiguous property owner defenses. These defenses require the landowner to demonstrate AAI completion before property acquisition.
Environmental regulations like CERCLA can extend liability beyond the actual facility or business owner, potentially impacting lenders in certain scenarios. Entities acquiring contaminated property are liable for remediation, regardless of their role in the contamination. While they can seek indemnity or contribution from former owners, authorities can still hold the current owner accountable.
Evaluating potential liabilities from waste generation and disposal, both current and historical, is critical. This includes considering future regulatory actions, adhering to continuing obligations related to ongoing cleanup or monitoring, cleanup costs, and potential legal conflicts or penalties.
In share purchases, buyers typically inherit all environmental liabilities of the corporate target. Conversely, asset purchases may allow acquiring assets without inheriting certain liabilities, especially those linked to historical issues.
Environmental liabilities can significantly affect deal valuation. Buyers may negotiate lower prices or specific indemnities for significant environmental risks, while strong compliance records can enhance value.
Mergers and Acquisitions in Industry and Manufacturing
Due to higher inherent environmental risks, industries like manufacturing, chemicals, and energy necessitate more thorough environmental assessments. Furthermore, even though operational aspects of these facilities may not represent likely sources of contamination, they may still present the threat of future release if they are not well managed and have business risks related to regulatory noncompliance. Features such as air permitting and wastewater management are important to consider, as large fines or even temporary injunctions against one or more processes can result in a significant financial burden.
Environmental insurance products can manage risks identified during due diligence, providing a safety net against unexpected liabilities.
In bankruptcy transactions, unique environmental issues arise. Claims like ongoing noncompliance and remediation obligations often persist post-transaction.
A crucial aspect often overlooked is the requirement of regulatory approvals for some M&A transactions, which the environmental records of the companies involved can significantly influence. In today’s environmentally conscious world, the public perception of a company’s environmental stewardship, especially in environmentally sensitive industries, can greatly impact the success or failure of a merger or acquisition. This public image aspect necessitates a careful and proactive approach to environmental due diligence, aligning with regulatory standards and societal expectations.
A Sustainable Approach to Mergers and Acquisitions
As environmental justice, climate change, and sustainability become more central, the M&A approach is evolving. Companies are now scrutinized for their alignment with sustainable practices, including their carbon emissions, energy efficiency, and overall impact on climate. This scrutiny isn’t limited to their current practices but also encompasses future potential, especially for companies possessing cutting-edge green technologies or sustainable methods, as these can offer significant competitive advantages in the market. Furthermore, a critical consideration is the impact of a company’s operations on local communities, particularly in areas identified as disadvantaged and more prone to environmental hazards. The U.S. Environmental Protection Agency is placing greater emphasis on monitoring these areas. Therefore, companies involved in M&A must be aware of the importance of community engagement and building positive relationships with residents and officials, especially in these vulnerable areas.
In summary, environmental considerations in M&A go well beyond mitigating risks; they increasingly focus on leveraging opportunities for sustainable growth and aligning with evolving global environmental trends. These considerations necessitate a broader, more comprehensive approach to environmental due diligence, incorporating regulatory, public perception, and strategic planning for post-acquisition integration and sustainable growth.
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