Brownfield Braintrust Podcast

In our current Brownfield Braintrust Podcast, Matt Winefield of Winefield & Associates, Inc. sheds light on Vapor Intrusion Mitigation Systems (VIMS) with the help of Justin Conaway, Vice President and General Manager of Terra-Petra Environmental Engineering. Given evolving soil vapor mitigation standards, VIMS are currently much more prevalent than just three years ago. It is unlikely one can acquire, for example, a former dry cleaner site (with PCE releases), run a vapor extraction system, and then pour your foundation. The lead agency will likely specify a VIMS that operates for the life of the new building. Justin explains the three most common VIMS technologies now utilized.

And now for a brownfields topic that, at first, seems esoteric but will actually impact just about every facet of site cleanups in California. We get into the weeds about proposed changes to Water Code Resolution 92-49. This resolution conveys policies and procedures to the State Water Board and Regional Board officials relating to the investigation and cleanup of discharges into groundwater, surface water and even soil. The topic was much too detailed and cerebral for Matt to tackle alone, so he invited two special guests: Environmental attorney Jay Tufano, Partner at Ring, Bender, LLP and environmental engineer Jeremy Squire, Vice President at Murex Environmental, Inc.  

So, you’ve decided to sell your contaminated property. Our tenth Brownfield Braintrust Podcast discusses a three-leg support system to ensure you’re protected from future environmental liability after the deal closes. You’ll want to consider (1) an environmental indemnification, (2) how to manage your selling entity (LLC, trust, etc.), and (3) the brownfield expertise of the buyer. What could be more riveting than a 15-minute indemnification discussion?!

It’s Time to Sue California EPA About the Draft Vapor Intrusion Guidance Document:

Here is a brief (10-minute) Brownfield Braintrust Podcast giving property owners and lawyers ammunition to sue CalEPA. CalEPA’s overreach pertaining to soil gas cleanup standards is egregious. This agency has issued guidance in direct conflict with our state’s greenhouse gas reduction and housing goals. A claim is long overdue, and CalEPA will lose. You’re welcome.

In this episode of the Brownfield Braintrust Podcast, our host, Matt Winefield of Winefield & Associates, Inc., talks with esteemed environmental attorney John Van Vlear of Newmeyer Dillion about California AB 304, which impacts how contaminated site regulatory management has changed dramatically. As of January 1, 2022, DTSC and the Regional Boards have enhanced control over local agencies, including requirements for a “right of first refusal” to manage projects as well as enhancing clean up certifications. During our discussion, John walks us through these important changes that effect all contaminated sites.

Many real estate investors shy away from acquiring sites with environmental challenges, because they are (justifiably) concerned about liabilities. Environmental insurance can hedge many of those risks. Winefield & Associates had the pleasure of interviewing an industry leader in environmental insurance, Bill Havard of USI Insurance Services. In this podcast Bill and Matt discuss the basics of environmental pollution legal liability (PLL) insurance, including forms of environmental protections, costs, and case studies.

In which Winefield & Associates, Inc. solves the California environmental agency report backlog dilemma and dearth of No Further Action letters in 12 minutes

In this podcast, Winefield & Associates outlines how environmental agencies in other states manage to close significantly more sites per year than California environmental agencies. Other industrial states such as New Jersey use Licensed Site Remediation Programs (LSRPs) to streamline project management of tens of thousands of contaminated projects per year. If an LSRP program was enacted in our state, many more sites could be transformed to beneficial use. New Jersey has averaged about 5,000 environmental project closures per year. California closes less than 200 environmental projects per year.

Here are some astounding statistics from an LSRP program, which Winefield & Associates hopes CalEPA scrutinizes and uses as a model for a pilot study:

This Brownfields Braintrust Podcast episode is NOT for Winefield & Associates friends and colleagues who have backgrounds in brownfield redevelopment. A sustainability organization called bUneke (as in “Be Unique”) interviewed Matt Winefield to discuss how Winefield & Associates brings blighted properties to beneficial uses. This episode is a folksy interview for those wanting to learn the basics about transforming dirty dirt and revitalizing environmentally challenged sites. We hope you enjoy.

Matt Winefield of Winefield & Associates, Inc. and the Brownfield Braintrust Podcast had the privilege of interviewing Sean Sherlock, who discussed environmental justice (EJ) and its applicability towards brownfield projects. Sean is an Environmental Partner at Snell & Wilmer, and he has been following proposed EJ laws that are being promulgated at both the state and federal levels. You don’t want to miss this discussion! The podcast reviews EJ impacts on such facets as public participation, agency oversight, and remediation in disadvantaged communities. Sean also provides resources and tools for investors and developers to navigate EJ requirements.

In this second installment of the Brownfield Braintrust Podcast, Matt Winefield discusses ten flaws with the Cal-EPA 0.03 attenuation factor (AF) in the Draft Vapor Intrusion Guidance Document. All parties agree that the AF should be based on best available science. Best available science dictates that Cal-EPA must use the AF developed in the 2020 DTSC attenuation factor study, which utilized California data exclusively and has been extensively peer reviewed.

Matt Winefield interviews Ignacio Dayrit, Director of Programs for the Center for Creative Land Recycling. CCLR is the oldest and only national non-profit working exclusively to champion land cleanup and reuse. It is an independent, third-party force for the sustainable and equitable reuse of land with expertise in cleaning up and redeveloping vacant or contaminated properties, sometimes referred to as "brownfields.” CCLR offers training and technical assistance for communities working to turn this land around, and it advocates for policy change at the federal, state and local levels to make land reuse possible in more places.