March 1999 Volune 12 No3 - Utah State Bar

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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 permitting 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 compliance 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 contamination. 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
'IEf ~ J LAW AND ECONOMICS SOCIETY Advancing the application of economics to legal issues Law and Economics Society & the Utah State Bar present the 1998 - 1999 Speaker Series on Law and Economics Experts wil discuss timely topics at the Law and Justice Center 645 South 200 East at 12:00 noon . Month March 11 Speaker Paul Ficca & Jon H. Knoll Arthur Andersen May 20 Robert Tollson, Ph.D Department of Economics University of Mississippi June 8 Duncan Cameron, Economist Private Practice LECG, Los Angeles Topic The Law and Economics of Construction Claim Damages The Law and Economics of Sports Mergers in High Tech Industries Price is $35 and includes lunch. For information. call Pat Gatton at 801.581.7481 or Connie Howard at the Utah State Bar Professor Mark Glick is the director of LES A SEMINAR MUST II ACCOUNTING FOR LAWVERSII 7.5 HOURS OF CLE APRIL 23, 1999 LAW &: JUSTICE CENTER 8:00 a.m. - 5:00 p.m. $196.25 FOR UTAH BAR MEMBERS ($206.25-DOOR) $206.25 FOR NON UTAH BAR MEMBERS ($216.25-DOOR) TO REGISTER CALL 1-800-328-4444 SPONSORED BY: THE UTAH BAR &: NATIONAL PRACTICE INSTITUTE CORPORATION KITS FOR UTAH $55.95 Binder & slipcase. index tab se~ prited stock certficates w/fW page stubs, trsfer ledger, embossing seal & pouch, 50 sheets ofblai 25% cotton bond paper, coiporate tickler, Same kit wíth By. Laws, minutes & resolutions package and 6 sheets of blank 25% cotton bond paper ptus tax fonns for EIN and "S" corporation election. $58.95 Kit witliout seal 544.95 OTHER PRODUCTS LTD. LIA. CO. OUTFIT 559.95 NON-PROFIT OUTFIT 559.95 LTD. PARTNERSIlP 559.95 FAMILY. LTD. PART. 559.95 SEAL W/POUCH 525.00 STOCK CERTS (20) 525.00 .... :::¡: AVAILABLE ON DISK $29.95 ":'. ;..... FOR. ":::Jrlh. WORD PERFECT 5,6,7,& 8 :::..... ARTICLES PLUS BY.LAWS, MINUTES & RESOLUTIONS PACKAGE F'OR CORPORATIONS. OrERA TING AGREEMENTS FOR LIMITED LIABIL- ITY COMPANIES (BOm MEMBER & MANAGER). SIMPLE WILL FORMS & ORDER FORM. ASKAßOUT WILL & TRUST ST A'lONARY ... ... INDEX T AßS & CLOSING SETS REGISTERED AGENCY SERVICES FOR MONTANA ORDER TOLL FREE! PHONE 1-800-874-6570 FAX 1-800-874-6568 E-MAIL corpkit(g digisys.nct ORDERS tN BY 2:00 PM SHIPPED SAME DA Y. 55.00 PER KIT UPS GROUND CHARGE. LAW FIRMS: WE Wtl.L BtLL WITI YOUR ORDER. SATISFACTION GUARATEED!I! CORP-KIT NORTHWEST, INC. 413 E. SECOND SOUTH BRIGHAM CITY, UT 84302 - --_._--=- --
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March 1999 Volune 12 No3 - Utah State Bar

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