Environmental Liability Insurance and Legal Update Seminar (3/6/08)

January 28, 2008

Sponsored By
Bond, Schoeneck & King, PLLC and Haylor, Freyer & Coon, Inc.

Who Should Attend
Developers and Contractors, Risk Managers of Major Facilities (hospitals, schools, manufacturers, utilities, colleges / universities, etc.) Real Estate Brokers, Municipal Counsel, IDA and Economic Development Executives and Environmental Consulting Firms.

Program Summary
This program will provide an overview of the current environmental law and liability issues that face small and large businesses, healthcare and educational institutions, and municipalities, along with a summary of the insurance options that are available to provide protection.

8:30 - 9:00
Registration and Continental Breakfast

9:00 - 9:15
Welcome and Introductions
Mr. Victor A. DiSerio
Chairman and CEO
Haylor, Freyer & Coon, Inc.

9:15 - 10:30
Hot Topics in Environmental Law
Kevin M. Bernstein, Esq. and Virginia C. Robbins, Esq.
Bond, Schoeneck & King, PLLC


  • Mold and Asbestos Liability Issues

  • Brownfields



10:30 - 10:45

10:45 - 11:45
Emerging Trends in Environmental Insurance
Aaron Bowers, Esq.
Haake Companies


  • Transactional Solutions

  • Operational Solutions

  • Managing Mold Risk



11:45 - Noon
Q&A (Panel)
Aaron Bowers, Esq.
Kevin M. Bernstein, Esq.
Virginia C. Robbins, Esq.

Noon - 1:30
Luncheon Program
Kenneth P. Lynch, Esq.
New York State Department of Environmental Conservation


  • DEC Priorities in 2008



Featured Speakers
Aaron Bowers, Esq., Haake Companies

Mr. Bowers is a graduate of the University of Kansas (B.S.) and the University of San Diego School of Law (J.D.).

Mr. Bowers is the Managing Director of the Haake Companies Environmental Liability Practice. Prior to joining the Haake Companies, he practiced environmental law in California for 13 years, focusing on historic soil and groundwater contamination issues. Mr. Bowers' practice spanned a broad spectrum of environmental issues including every aspect of litigation, remediation, and cost recovery. As part of his practice, Mr. Bowers managed Federal Court and private party directed environmental remediation projects; overseeing attorneys, environmental engineers, insurance brokers, and stakeholders. He has represented lenders, industrial concerns, real estate firms, governmental entities, and landowners focusing on the mitigation of environmental risk of loss to the interested parties.

As an environmental insurance producer Mr. Bowers has developed and implemented an environmental collateral protection initiative for the commercial real estate finance industry under the registered mark eCAP Advantage®. Notably, eCAP Advantage® has recently been accepted as the only Phase I ESA replacement alternative for Fannie Mae DUS Lenders originating loads under FNMA's MFlex® Program. With promulation of US EPA's All Appropriate Inquiry Rule, eCAP Advantage® is becoming a favored pre-loan environmental due diligence alternative to Phase I ESA's by commercial banks, life insurance companies, and conduit/CMBS lenders.

Kevin M. Bernstein, Esq., Bond, Schoeneck & King, PLLC

Mr. Bernstein is a graduate of the State University of New York, College at Brockport (B.S.) and Vermont Law School (J.D., cum laude).

Mr. Bernstein concentrates his practice involving regulatory compliance, permitting and litigation (including enforcement defense) in matters relating to energy projects (including power generation, gas and electric transmission facilities, and gas production, storage and mining), solid waste landfills, petroleum contamination, wetlands, wastewater treatment, hazardous substance and petroleum bulk storage tanks, environmental impact review (SEQRA), toxic torts, defending criminal investigations, zoning and land use matters and the environmental aspects of business transactions, including environmental due diligence.

Mr. Bernstein also represents clients in defense of claims asserted by federal and state governmental agencies for cleanup costs, penalties, and other enforcement matters brought under federal and state Superfund statutes, New York State Navigation Law, and the Clean Water Act. In connection with this representation, he has negotiated a number of Administrative Orders on Consent and Consent Decrees with the New York State Department of Environmental Conservation, the Environmental Protection Agency, and the Department of Justice.

Kenneth P. Lynch, Esq., New York State Department of Environmental Conservation

Mr. Lynch is a graduate of Yale University (B.A.) and Syracuse University College of Law (J.D.).

Prior to joining the NYSDEC, Mr. Lynch was in practice in Syracuse by himself with a general practice, emphasizing real property law, land development and land use/zoning. He has represented developers, large and small business, municipalities and private individuals.

Mr. Lynch joined the DEC in November, 1995 as Region 7's Regional Attorney. As Regional Attorney he was in charge of enforcement of the State's environmental laws and regulations, permitting regulated activities, advising the Department's staff and informing the public on environmental matters. In December, 1996 Mr. Lynch assumed the role as Acting Regional Director of Region 7. He was appointed as Regional Director in May, 1997. As Mr. Lynch is in charge of implementing and overseeing the Department's policies in the nine county Region. Specifically, his work has included implementation of the 1996 Clean Water/Clean Air Environmental Bond Act and negotiation, implementation of the 1998 Amended Consent Judgment to clean up Onondaga Lake, and remediation of the Oil City area in Syracuse. Mr. Lynch represents the Governor and Commissioner on the SRBC and Erie Canalway National Heritage Corridor Commission.

Virginia C. Robbins, Esq., Bond, Schoeneck & King, PLLC

Ms. Robbins is a graduate of Rutgers University (B.A., magna cum laude; J.D., with honors) and Middlebury College (M.A.). Phi Beta Kappa.

Ms. Robbins is Chair of BS&K's Environmental and Energy Law Practice Group and Deputy Chair of BS&K's Property Department. She is experienced in advising clients on state and federal regulatory compliance issues, particularly in the areas of air and water pollution control and waste management. Ms. Robbins has developed experience in the requirements promulgated under the federal Clean Air Act Amendments of 1990, for example, permitting strategies, negotiation of special conditions establishing emission caps, emission reduction credits (ERCs), Title V applicability and compliance certification assessments, operational flexibility and new source review issues. She has counseled clients involved in power generation and development projects on environmental impact review under Article X of the Public Service Law, air permit/compliance matters, prevention of significant deterioration (PSD) and Acid Rain program applicability, and the use of alternative fuels.

Ms. Robbins has managed significant RCRA corrective action and state and federal Superfund matters, including the negotiation of RCRA Corrective Measures Orders, remedial investigation/remedial design Consent Orders, and access easements. She has advised clients on real estate transactions, the cleanup and reuse of brownfields. Ms. Robbins regularly counsels municipal clients and developers on compliance with environmental impact reviews under the State Environmental Quality Review Act and the National Environmental Policy Act.