Developing Renewable Energy on Contaminated Land: Regulatory Challenges and Protecting Against Liability Exposure
Reusing Lands and Facilities for Renewable Energy Projects; Siting, Permitting, Cleanup, EPA Liability Protections

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Energy
- event Date
Thursday, September 30, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide renewable energy counsel on overcoming challenges in developing renewable energy projects on contaminated lands. The panel will discuss key issues in the reuse of lands and facilities, federal and state regulatory challenges, assessing and protecting against liability exposure, leases and EPA protections via CERCLA, and other key items to ensure compliance and avoid liability.
Faculty

Ms. Heiple focuses her practice on environmental, energy and natural resources law. She advises clients on a wide range of litigation and transactional matters, and provides strategic counsel on project development and compliance with federal and state requirements.

Ms. Hodge focuses her practice on project development and acquisition financing transactions. With deep industry experience, she is skilled in advising clients with complex development considerations and project models. Ms. Hodge represents private equity sponsors, strategic investors, utilities, oil and gas companies, and renewable project developers. Her transactional experience includes solar, storage, wind, hydro, biomass, and manufacturing assets, in addition to power market and supply contracts. Ms. Hodge also has extensive experience negotiating engineering, procurement, and construction (EPC) contracts and contract manufacturing agreements.

Mr. Seitz handles a wide range of environmental, health and safety matters, including regulatory counseling, complex litigation and transactions. He has particular experience in advising corporate and public sector clients regarding complex regulatory compliance and enforcement issues arising under the major federal environmental, health and safety statutes, including the Resource Conservation and Recovery Act (RCRA), the Clean Water Act, the federal Occupational Safety and Health Act, the Clean Air Act, the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act and the Emergency Planning and Community Right-to-Know Act.

Ms. Hemmings advises clients in the power and renewable energy space on a variety of transactional and regulatory matters. She has experience in the acquisition and divestiture of energy and infrastructure assets, including, battery, solar, wind and conventional power facilities. Ms. Hemmings has counseled sponsor and lender-side clients in project, corporate and acquisition financings. She has provided clients with guidance on FERC regulatory issues connected to the sale and purchase of electric power facilities.

Mr. Lass represents clients in the energy, environment and natural resources space facing interactions with regulators, investigations and litigation.
Description
The EPA promotes the reuse of potentially contaminated lands and landfills for new renewable energy projects. Developing renewable energy on contaminated land is cost-effective for utility and energy companies but requires strict compliance with federal and state regulations.
The demand for sustainable energy continues to grow in the U.S. and abroad, with multiple states and countries developing programs to incentivize renewable energy development. Focusing renewable energy development on brownfields, Superfund sites, retired power plants, and landfills gives developers access to infrastructure that is already in place and is likely to be properly zoned and permitted.
The benefits of reusing potentially contaminated lands come with a series of complex rules and procedures such as assessing potential sites, the extent of any possible contamination, remedial measures for prevention of any negative impact to surrounding areas, and federal and state requirements for cleanup and waste disposal.
Listen as our panel discusses the necessary and most practical processes for the reuse of contaminated lands for renewable energy projects, protecting against liability exposure, leasing and retasking retired power plants and landfills, and available EPA protections.
Outline
- Overview of applicable federal law and recent state regulations
- Regulatory compliance challenges and methods to overcome them
- Financing options and allocating risks
- Siting, permitting, and cleanup issues
Benefits
The panel will review these and other key issues:
- What are the key factors to consider before developing renewable energy projects on contaminated lands?
- What federal and state regulations are relevant in the reuse of potentially contaminated lands, retired power plants, etc.?
- What are the redevelopment opportunities for renewable energy projects?
- How can developers and investors limit their liability exposure?
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