Message
From: Sent: To:
Subject: Attachments:
Laws, Elliott [ELaws@crowell.com] 5/10/2017 8:59:28 PM Brown, Byron [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=9242d85c7df343d287659f840d730e65-Brown, Byro]; Fotouhi, David [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=febaf0d56aab43f8a9174bl8218cll82-Fotouhi, Da]; Breen, Barry [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=lb44bcela71e4a95acaf82f2fbc858bO-BBREEN]; Patrick.davis@Epa.gov Superfund Administrative Reforms Model-Purchase-and-Sale-Agreement-for-RACER-Properties-LLC.pdf; Ewing remediation and redevelopment summary 050517.pdf; Proposed Survey of BF Buyers 05.04.2017.pdf
Gentlemen - thank you for taking the time last week to discuss the history of some of the Superfund Administrative Reforms instituted by the program over the years as well as some possible options for additional reforms. As we discussed, I am attaching the following:
1 - a link to the RACER Trust Settlement Agreement and related documents (In re Motors Liquidation Company, etah, f/k/a General Motors Corp., etal; Case No. 09-50026;Bankr. S.D.N.Y): http://www.racertn:ist.org/About RACER/Settlement Agreement.
2 - a copy of a standard form RACER Trust Purchase and Sale Agreement with environmental provisions affecting both the Trust and the purchaser of the property highlighted in yellow.
3 - a RACER analysis of the likely steps that Atlantic Realty will undertake in order to construct residential properties at the Trust's Delphi Trenton Industrial Land property in Ewing, NJ. Since the determination of what additional environmental work required to move the portion of the property designated for residential from the Trust level of cleanup to a residential is between the purchaser and the NJ Department of Environmental Protection, the Trust Cleanup Manager has generally described process and the likely steps that the purchaser will be required to take.
4 - a draft of a survey RACER is considering undertaking to determine the reasons why environmentally impaired properties (primarily brownfields) may or may not be purchased by developers or companies. We would welcome any comments that you might have.
Lastly, I expect the invitation for Administrator Pruitt to visit the EMC OU of the East Michaud Flats Superfund Site in Pocatello, ID to be forthcoming from EMC Corp. and ValleyAgronomics, LLC within the next week.
Please feel free to contact me if you have any questions on the materials provided or if you wish to further discuss the Superftmd program.
Elliott P. Laws elaws@crowell.com Direct { Ex. 6 ] Fax: 1.202.322.9511
Crowell & Moring LLP | www.croweil.com 1001 Pennsylvania Avenue NW Washington, DC 20004
Privileged and Confidential Attorney-Client Communication Attorney Work Product
Sierra Club v. EPA 18cv3472 NDCA
Tier 3/4
ED 002061 00086858-00001
This message contains privileged and confidential information. IF IT WAS SENT TO YOU BY MISTAKE, DO NOT READ IT. Instead, please notify the sender (or postmaster@croerell.com) by reply e-mail, and delete this e-mail. Unauthorised dissemination, forwarding or copying of this e-mail is strictly prohibited.
Sierra Club v. EPA 18cv3472 NDCA
Tier 3/4
ED 002061 00086858-00002