The Atlanta Lawyer January/February 2014 | Page 33

section update Environmental & Toxic Tort Section Update By Richard A. Horder Kazmarek Mowrey Cloud Laseter LLP [email protected] T he Environmental & Toxic Tort Section started the New Year strong with a great breakfast meeting in conjunction with the Atlanta Bar’s Real Estate Section. On January 9, both Sections joined together at the offices of Arnall Golden Gregory LLP to hear legal and engineering professionals discuss current environmental issues that may affect real estate transactions in 2014 and thereafter. Speakers for the event included Kimberley Hale of Kazmarek Mowrey Cloud Laseter LLP, Alan Agadoni of Cardno ATC, and Brooke Dickerson of Arnall Golden Gregory LLP. Ms. Hale discussed the new focus of federal and state agencies upon the potential for vapor intrusion at contaminated sites and the need for purchasers of properties to be certain the vapor migration pathway was considered during due diligence if the history of the site or area would require it. The group then heard from Mr. Agadoni regarding the new standard for environmental due diligence for real estate, ASTM 1527-13, which was approved by the United States Environmental Protection Agency (“EPA”) on December 30, 2013. Ms. Dickerson wrapped up the great discussion by detailing the simple, but often overlooked requirements, of the recent construction and industrial stormwater general permits issued by the Georgia’s Environmental Protection Division (“EPD”) advising as to how coverage under these permits may be required following the purchase of either an ongoing construction development or industrial facility. Currently, the Environmental Section is wrapping up plans for a CLE event in late Spring, which will focus on the use of experts in environmental litigation. The use of engineering consultants is a common practice in environmental law, but can create pitfalls for attorneys who are either unaware of, or who forget the relevant evidence rules. Both experienced trial attorneys and private consultants will join Section members to discuss how to successfully navigate the attorney/expert relationship to provide the best representation for their clients. In all, the Atlanta Bar Environmental Section is looking forward to a fantastic 2014! In addition to this most recent event, in late 2013, Environmental Section members braved some of the most recent torrential rains and enjoyed a fun happy hour with their State Bar Environmental Section colleagues at Front Page News in Midtown. This event was such a success that the two Sections are making plans to host a joint CLE for all of their members in the fall of 2014. The Official News Publication of the Atlanta Bar Association January/February 2014 THE ATLANTA LAWYER 33