This webinar will explore the fundamentals of the Uniform Environmental Covenants Act (UECA) and how it is utilized in restricting activities at sites where some contamination remains in place. The webinar will focus on how UECA is used in federal practice at Superfund sites and RCRA corrective action facilities to overcome traditional common law obstacles to implementing proprietary controls. Limitations and caveats on the use of environmental covenants will also be explored. The webinar will contain practice tips on drafting an environmental covenant and will examine the information that a covenant should include. The session will also discuss ways in which certain states implement proprietary controls without UECA and will offer strategies that practitioners can use to develop relationships with states that do not use UECA.

Presenters:

Michael Hendershot, EPA Region 3 (Hendershot.michael@epa.gov or 215-814-2641)
Michael Hendershot has been an attorney with Region 3 since 1988. Since 1994, he has worked extensively to develop and implement institutional controls at Region 3's Superfund and RCRA corrective action sites. Currently, as Senior Assistant Regional Counsel, Mike leads Region 3's institutional controls and land use practice and serves as Region 3's legal representative on EPA’s Institutional Controls Practice Group. He has spoken extensively on this topic at conferences and continuing legal education courses. Mike graduated from Muhlenberg College in 1979 with a B.A. degree in English. In 1988, he received his J.D. degree and certificate in environmental law from Pace University School of Law. He is a member of the Pennsylvania bar.

Jennifer Currie, Alaska Department of Law (Jennifer.currie@alaska.gov or 907-269-5280)
Ms. Currie is a Senior Assistant Attorney General for the State of Alaska in the Environmental Section. In this position, she represents the Alaska Department of Environmental Conservation in both aid to agency and litigation roles. She specializes in handling sites in the State of Alaska contaminated by federal entities, whether those sites are still in federal hands or have been transferred out of federal hands. She has held this position since February of 2006. She previously worked in private practice in Boston, Massachusetts practicing environmental law at a small boutique firm representing both plaintiffs and defendants in environmental litigation and compliance. Prior to that, she practiced in Dallas, Texas when she specialized in litigating toxic tort cases. Ms. Currie moved to Alaska in 2005. She has a J.D. from Southern Methodist University School of Law and a B.A. from Colgate University.

Moderators:

Anthony Austin, Office of Site Remediation Enforcement (OECA) (austin.anthony@epa.gov or 202-564-6943)
Anthony Austin is an attorney-advisor in EPA's Office of Site Remediation Enforcement, within the Office of Enforcement and Compliance Assurance. Anthony joined OSRE after serving as a Superfund enforcement attorney in EPA's Region 8. His work at OSRE includes resolving cleanup enforcement issues relating to institutional controls and long-term stewardship, tribes, and states at Superfund sites and RCRA facilities. He co-chairs a national EPA workgroup on institutional controls and also serves on EPA's Burlington Northern Response Team. Prior to joining EPA, Anthony defended various health care providers in negligence actions throughout Colorado and was a law clerk for the Honorable Diana Terry on the Colorado Court of Appeals. He earned his B.A. from the University of California, San Diego; his J.D., with highest honors, from Golden Gate University School of Law; and his LL.M. from the University of Denver Sturm College of Law.

Craig Boehr, Office of Site Remediation Enforcement (OECA) (boehr.craig@epa.gov or 202-564-5162)
Craig Boehr is an attorney-advisor in the Policy and Program Evaluation Division of the Office of Site Remediation Enforcement within EPA's Office of Enforcement and Compliance Assurance (OECA). Craig began his current position at EPA in 2011. He specializes in enforcement issues related to the 2002 Brownfields Amendments to Superfund, institutional controls, and the reuse of contaminated properties. He served as the lead drafter for OECA's "Common Elements Guidance," the core enforcement document that discusses the three "self-implementing" landowner liability protections of the Brownfields Amendments. Craig received a B.A. in Political Science from the University of California, Berkeley and his J.D. from the University of San Diego School of Law.

Webinar Slides and References:

• Slide Presentation for Michael Hendershot, EPA Region 3 (4.51MB/PDF)
• Slide Presentation for Jennifer Currie, Alaska Department of Law (582KB/PDF)

Webinar Slides and References:

• Slide Presentation for Michael Hendershot, EPA Region 3 (4.51MB/PDF)
• Slide Presentation for Jennifer Currie, Alaska Department of Law (582KB/PDF)

Additional Resources:

• Uniform Environmental Covenants Act (193KB/47pp/PDF)

Thank you for participating in our webinar. We would like to receive any feedback you might have that would make this service more valuable.

Date of Seminar:

 February 15, 2017: OSRE Institutional Controls and Long-Term Stewardship Series: State Statutory Efforts to Implement Institutional Controls/Proprietary Controls

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