Legal Issues for RPMs and Attorneys is a full-day training course designed to instruct RPMs and on entry to private property to implement Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response actions and on efficiently managing site records. Issues to be covered include (1) sources and limitations on entry authority under the U.S. Constitution (due process, takings and free speech), CERCLA and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP); (2) preparing to seek consent to enter from property owners; (3) tools used to document consent; (4) defining what constitutes a record; and (5) tips for managing email. An RPM’s failure to address the legal issues surrounding entry to private property and to maintain site records may lead to significant adverse consequences for the government and, in certain instances, the RPM. These consequences may include loss of opportunities for cost recovery, claims against the government, and personal lawsuits against the RPM. The information presented in this course instructs RPMs on the proper procedures for obtaining access under a wide range of circumstances and the importance of keeping site records organized and up-to-date. By taking the course, participants:
- Learn the role of the U.S. Constitution, CERCLA, the NCP, delegation, guidance and site-specific documents in obtaining access to private property to conduct work under CERCLA.
- Understand the process for obtaining and documenting access to private property under a variety of conditions including, but not limited to, when an owner is uncooperative.
- Understand the role of the EPA counsel in assisting the RPM in efforts to lawfully obtain access to private property.
- Learn the importance of managing site records, including email, to support successful cost recovery actions.
Registration for this training is open to U.S. EPA employees ONLY.