Fall 2018
5297 Superfund Liability and Brownfields Redevelopment - SHERMAN- 25911

Professor(s): Scott Sherman (ADJUNCT)

Credits: 2

Course Areas: Real Property, Trusts and Estates 
Energy, Natural Resources and Environmental Law

Time: 5:30p-7:30p  W  Location: 215  TUII

Course Outline: From surplus property transactions to urban redevelopment efforts, the risks posed by historical contamination at abandoned or underutilized sites can impede community revitalization initiatives and the real estate marketplace at large. This course will address the liability, regulatory, and redevelopment challenges presented by the federal Superfund law (Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA). The course also will explore reforms to the U.S. EPA’s Superfund program that seek to promote the cleanup and redevelopment of brownfield sites and the role of state Voluntary Cleanup Programs.
These topics, for the purposes of course presentation, will be analyzed in four sections: “Superfund Liability and Brownfield Protections”, "Environmental Due Diligence", "Negotiating with Federal and State Regulators" and “Transaction and Revitalization Strategies”. Each course segment will introduce students to a substantive evaluation of the core Superfund issues presented and offer insights into the legal concepts, regulatory programs, deal documents, and remediation approaches available to environmental lawyers and community leaders to manage these challenges.
During the course of the semester, students will be given two short, practical writing assignments related to the subject matter (e.g., preparing comments to a regulatory agency or legislative committee or drafting an advocacy piece relating to a Superfund cleanup or a brownfield project). The final assignment will be the preparation of a client memorandum analyzing the CERCLA issues in a community revitalization initiative or a real estate project and making a recommendation on whether - and if so, how - to proceed with the project notwithstanding the challenges presented. The final project should be approximately 15 – 20 pages. The instructor will work closely with each student on their work. Grades are based on written work during the semester. There is no final examination.
Completion of the course will position students to identify and analyze issues under the federal Superfund law, to evaluate their impact on community revitalization efforts and private sector real estate projects, and to manage the challenges presented. Additionally, students should gain an understanding of the respective roles and goals of government regulators, community leaders, and landowners in Superfund and brownfield efforts.

Course Syllabus: Syllabus

Course Notes:   Quota= 12
Adjunct Professor Scott Sherman focuses on Superfund liability and Brownfield properties. His professional bio can be found here: www.shermancollaborative.com.


First Day Assignments:

Final Exam Schedule:    

This course will have:

Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type: simulation

Bar Course: No

DistanceEd ABA 306:

Pass-Fail Student Election:

Course Materials (4/9/2018 10:45:42 AM)

Special Case

Please see syllabus