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ENVIRONMENTAL, ENERGY & NATURAL RESOURCES ENVIRONMENTAL, ENERGY & NATURAL RESOURCES FEATURE

placing significant value on sustainability. The EPA
environmental statutes also authorize citizen Many developers and communities are
suits. In addition to seeking civil penalties,
many environmental laws authorize the Sustainability in construction can take turns
enforcing entity to seek injunctive relief. A varying forms, but Leadership in Energy and 50
preliminary injunction that stops construction Environmental Design (LEED) and EnergyStar
can wreak havoc on a construction schedule. are two ratings to strive for. The rating
By understanding the government’s requirements vary based on the desired level
obligations and ensuring the decision-making of conservation and are easily discernable. The
process is complete prior to commencing important factor is to account for the Owner’s
construction, a project owner can reduce the desired rating when developing the scope
risk of a successful citizen suit interrupting and material requirements for the Project.
construction. Specifically, building time into the Green construction or renovation, which is
preconstruction schedule to identify risks and construction that reduces or eliminates the
properly allocate those risks between the parties, negative impacts to the climate or surrounding
owners and contractors can minimize the impact environment, may involve additional up-front
of potential delays during the permitting process. costs, but has been found to result in cost
For instance, it is common for owners to shift the savings in energy and water efficiency, as well In celebration of the
burden of obtaining permits on to the contractor, as reduced operational and maintenance costs.
but owners should also be willing to extend None of this is to suggest that one option launch of Case Western
the construction schedule to accommodate for is better for the Justice Center than the other, Reserve University School
third-party delays in the permitting process. just that the stakeholders have their hands of Law’s Coleman
If a new location is not an option, rehabbing full. The decision to renovate versus building
and renovating existing space may be just as new is often a complicated one that is fraught Burke Center for
good, but also carry risks. Rehab projects with traps for an unsuspecting party. On Fixer Environmental Law,
necessarily involve demolition. Complete or Upper, the Gaineses do not confront problems we invite you to join
partial demolition creates waste, which must be that they cannot solve. In the unscripted real
properly identified, categorized, and handled. world, issues arise that may permanently halt us for the inaugural
Older structures are more likely to contain a project. Knowledge of the numerous risks conference, The
materials such as asbestos, lead and other heavy and methods for mitigating those risks will Environmental Protection
metals, which are subject to special handling, allow parties to minimize the potential of a Agency Turns 50.
transportation and disposal requirements. failed project.
(Translation note, “special” anything means
more money.) However, certain materials may Keynote speaker:
be eligible for less expensive disposal options Erin M. McDevitt-Frantz is an Andrew Wheeler,
such as construction and demolition debris Associate at McMahon DeGulis LLP’s Administrator of
while other material may have value as salvage Cleveland office. She has over a
or recycled products. The question then decade of experience in environmental the EPA.
becomes who owns the demolition debris. The law and litigation. She counsels public
project may be able to qualify for exemptions and private sector clients on the impacts of a variety
or satisfy conditions to avoid or reduce the level of state and federal environmental regulations.
of regulatory oversight. Evaluating the waste, Erin is licensed to practice in Ohio, Pennsylvania
the waste disposal process, and the ownership and New Jersey and has been a CMBA member October 18, 2019
rights in the debris can allow for unique ways since 2016. Erin can be reached at (216) 621-1312
to save costs on rehab and renovation projects. or efrantz@mdllp.net. 8:30 a.m. - 4:30 p.m.
It must also be noted that the failure to comply 6 hours of CLE credit
with waste disposal regulations can result in CWRU Law Moot Courtroom
violations and fines, which also impacts time Michael J. Frantz, Jr. is a Partner in
and money. Project owners and contractors Frantz Ward’s Construction Group.
bear varying degrees of liability and obligations Mike is licensed to practice in Ohio, Register free online:
associated with disposal of wastes from Pennsylvania and New Jersey. He case.edu/law/lectures-events
demolition and construction projects. While has been a CMBA member since
regulatory liabilities attach based on a person or 2011. He can be reached at (216) 515-1660 or
entity’s status, risks can be shifted contractually. mjfrantzjr@frantzward.com.
Contract documents should clearly allocate
responsibility for waste materials and mandate
compliance with applicable laws. For more information, please visit frantzward.com.
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