Buying Potentially Contaminated Properties
Essential Environmental With Thierry Montoya
Release Date: 11/15/2022
From CEQA to AI: Zach Friend on Governing Through Change
Essential Environmental With Thierry Montoya
Thierry Montoya speaks with former Santa Cruz County Supervisor Zach Friend about his experiences in local government, as well as the California Environmental Quality Act (CEQA) and how it can be used to impede necessary development. They also analyze the potential impact of recent state-level reforms. Zach talks about the challenge of leading a community through major environmental disasters, including infrastructure damage, long-term recovery, and the ongoing insurance crisis. Thierry and Zach then discuss the need for proactive AI governance in the public sector. Learn more...
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Privileged or Discoverable? The Legal Status of Site Assessments in California
Essential Environmental With Thierry Montoya
Thierry and guest Jay Tufano (of ) discuss scenarios that might or might not qualify as privileged or discoverable. Time stamps: 04:08 — Work product doctrine 06:29 — Examples from California case law 15:16 — Crime-fraud exception 19:10 — Privilege logs 20:04 — Practical takeaways Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at .
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Appraising Environmentally Impacted Properties: An In-Depth Discussion with Orell Anderson, MAI, FRICS, ASA
Essential Environmental With Thierry Montoya
Thierry and Orell discuss how environmentally impacted properties are appraised. Time stamps: 00:07:00 — Define an environmentally impacted property 00:11:37 — Examples of contaminated properties 00:17:23 — How does a site's environmental impact affect its appeal over time? 00:20:56 — Challenges of appraising contaminated properties 00:27:25 — Appraisal methods 00:35:14 — Challenges of appraising contaminated properties 00:39:53 — How do you deal with situations where remediation is underway or future environmental outcomes are uncertain? 00:49:19 — What is your most...
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Environmental Policy & Mediation
Essential Environmental With Thierry Montoya
Thierry speaks with mediator Gideon Kracov of about mediation's role in environmental policy, as well as strategies and approaches to mediation in general. Watch this episode in full: Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at .
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The uncertain future of brownfield redevelopment in California
Essential Environmental With Thierry Montoya
Thierry speaks with Matt Winefield of Winefield & Associates and the about the uncertain future of brownfield redevelopment in California. Watch this episode in full: https://vimeo.com/924769056/15b4489c7f?share=copy Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at. The content of this episode reflects the views and opinions of Thierry Montoya and his guests, and does not constitute legal advice.
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Are You The King or Queen of Your Castle in a Common Use Development?
Essential Environmental With Thierry Montoya
Thierry speaks with attorney and author Barry Ross about his book Are You the King or Queen of Your Castle? Not If You Live in a Homeowner's Association (available for purchase on Amazon: ) and the complex relationships between homeowners and homeowners associations. Watch this episode in full: Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com. The content of this episode reflects the views and opinions of Thierry Montoya and his guests, and does not constitute legal advice.
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The Sustainable Groundwater Management Act in Practice
Essential Environmental With Thierry Montoya
Tom Harder joins the show to help Thierry cover the ins-and-outs of the Sustainable Groundwater Management Act. Learn more about Tom at https://thomashardercompany.com/ Want to watch this episode? Catch it on Vimeo here: https://vimeo.com/873704083?share=copy Want to get in touch with the show? Contact Thierry Montoya at
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California Environmental Quality Act
Essential Environmental With Thierry Montoya
Attorney Tina Wallis joins the show to help Thierry cover the ins-and-outs of the California Environmental Quality Act. Learn more about Tina at https://twallislaw.com/ Want to get in touch with the show? Contact Thierry Montoya at
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Microplastics in Drinking Water, and California’s New Testing Regulations
Essential Environmental With Thierry Montoya
On September 7, 2022, the California State Water Control Boards issued for testing microplastics in drinking water, becoming the first government in the world to establish health-based guidelines for acceptable levels of microplastics in drinking water. Jon Rohrer is the principal Hydrogeologist at Roux, providing environmental management and consulting. He joins the show to explain the new regulations and their implications for the regulated. Learn more about Jon and Roux at And connect with him on LinkedIn at Want to get in touch with the show? Contact Thierry Montoya...
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Sackett v. EPA and the EPA’s new definition of “waters of the United States” - What Does that Mean for Developers and Landowners in the Arid West?
Essential Environmental With Thierry Montoya
The Environmental Protection Agency (EPA) has Clean Water Act authority to regulate “waters of the United States.” But what exactly do we mean by “waters of the United States”? It’s a more complicated question than it might seem. In this episode of Essential Environmental, attorney Thierry Montoya dives into the question by covering the pending Supreme Court decision in Sackett v. EPA, which concerns the EPA’s ability to regulate development on wetlands; as well as the EPA’s revised definition of waters of the United States, set to take effect on March 20, 2023,...
info_outlineAttorney Thierry Montoya explains what buyers need to be aware of when they purchase properties that might be contaminated (also known as "brownfields"). What due diligence should they conduct, what potential exposure might they incur, and how can they protect themselves from potential liability?
Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com.
The content of this episode reflects the views and opinions of Thierry Montoya and does not constitute legal advice.
Time stamps:
02:40 - Bona Fide Prospective Purchaser (“BFPP”) defense to future liability | CERCLA | Who are “responsible parties?” | 10 conditions of BFPP
10:20 - Three BFPP threshold requirements: Perform all appropriate inquiries, “no affiliation” demonstration, acquisition after January 11, 2002
19:52 - Continuing obligations to maintain BFPP status
21:25 - Honor land use restrictions
21:55 - Fully cooperate with governmental requests for site assistance/access
22:55 - Comply with reasonable governmental requests for information/subpoenas
25:20 - Provide all legally required notices of a prior release of hazardous substances
25:50 - Other considerations to maintain BFPP status