March 1999 Volune 12 No3 - Utah State Bar

12
Environmental Due Diligence Guide (1996)). As a general
rule, the contract with an outside environmental consulting firm
should require performance of the environmental assessment in
accordance with the ASTM environmental assessment standards.
II. ENVIRONMENTAL PERMITlING AND COMPLIACE
ISSUES
One of the principal mechanisms environmental statutes use to
ensure compliance with applicable environmental standards is
permitting and licensing requirements. Any number of permit-
ting and compliance requirements may apply to a given
industrial operation. Accordingly, in order for the attorney to
properly conduct environmental due dilgence, and advise his
client, he must be famar with the substantive federal and state
environmental statutes and the various permitting and compli-
ance requirements contained therein.
The most important of these statutes include: (a) Clean Air Act
(42 u.S.C. §§7401 to 7642); (b) Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); (c) Safe Drinking Water Act (42
U.S.C. §§300f to 300j); (d) Resource Conservation and Recovery
Act (42 U.S.C. §6901 et seq.); and (e) Emergency Plannig
and Community Right-to-Know Act (42 U.S.C. §1100l et seq.).
IV. ONSITE CONTAMINATION ISSUES
An important part of any due dilgence effort associated with the
purchase or sale of an industrial operation is an evaluation of
any existing or potential liabilties associated with on-site conta-
mination. The first step in any such evaluation is to clearly
identif the existence or potential for such contamnation. This
identifcation can, and should, occur as a result of several
efforts, includig: (1) A phase I or Phase II environmental
assessment; (2) Disclosures by the seller to the buyer of known
contamination conditions; (3) Discussions and interviews
between environmental experts for the buyer and seller; (4)
Review of government fies (e.g. compliance fies) relating to
the industrial operation; and (5) Interviews with federal, state
and local environmental offcials knowledgeable about the
industrial operations.
The second step in any such evaluation is considering the legal
requirements and procedures which may exist to address such
contamiation issues.
V. OFF-SITE CONTAMINATION ISSUES
One of the rude surprises that may be lurkig for a purchaser of
industrial facilties is to discover that not only did they purchase
an industrial operation, but also some liabilties for the histori-
cal off-site transfer of hazardous substances. One of the
objectives of environmental due dilgence should be to identif
any off-site contamination issues and thereby enable the buyer
and seller to negotiate how those issues wil be addressed.
Medical Malpractice Prelitigation
Panel Review Chairpersons Needed
The Division of Occupational and Professional Licensing is seeking attorneys who are licensed and in
good standing in Utah to serve as chairpersons of medical malpractice prelitigation review panels.
Prelitigation review is a condition precedent to commencing litigation under the Utah Health Care
Malpractice Act. Panels are composed of an attorney, who serves as the chairperson; a lay panelist;
and a health care provider who is practicing and knowledgeable in the same specialty as each proposed
defendant.
Chairperson must be available to serve on 3-5 panel hearings per month, each of which are normally
restricted to two hours in length. Chairpersons responsibilties include conducting the panel hearing
and drafting a supplemental panel opinion following the hearing. Training wil be provided.
This is a perfect opportunity for attorneys interested in medical malpractice to learn the profession.
This is not a paid employment position; however, chairpersons receive a standard State of Utah per
diem and are reimbursed for travel and parking expenses. Interested attorneys should send a letter
and resume to the Prelitigation Coordinator at P.O. Box 146741, 160 East 300 South, Salt Lake City,
UT 84114-6741. Letters and resumes must be received no later than May I, 1999.
¡I
.1
~
I