The Event

Sustainable Property Transactions: Doing Contaminated Site Redevelopments in a Downturned Market
[April 6, 2009 - April 8, 2009]

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DAY ONE – April 6, 2009
12:00 – 1:00 Registration and Refreshments 

1:00 – 1:15 Conference Overview and Objectives
Dean Jeffery Telego, Conference Chairman & President, Risk Management Technologies, Inc.

1:15 – 1:45 Influence of Sustainable Development on EPA Programs/Media and Contaminated Real Property Redevelopments
Lisa P. Jackson, Former Chief of Staff to New Jersey Governor Jon S. Corzine and Commissioner of New Jersey DEP Administrator Designate, U.S. EPA (invited)

1:45 – 2:15 Sustainable Design and Reuse of Corporate Brownfield Properties 
*Corporate owner role in supporting the cleanup and transfer of idled
*Key elements to partnering with industry on brownfield sites
*Role of sustainable development for corporations and communities
*Positive results of sustainable design and construction 
    Evan van Hook, Vice President, Health, Safety, Environment & Remediation, Honeywell Corporation Corporate

2:15 – 2:45 Challenges and Strategies Facing Public/Private Financing of Contaminated Property Transactions in a Downturned Economy
*Update on the Brownfields Legislative Agenda/Coalition
*Expanded federal and state Brownfield Tax Incentives
*New Markets Tax Credit program, challenges with TIFs
*Energy efficiency tax incentives and rehab tax credits
*Limitations to tax incentives for financing brownfields
   Charles Bartsch, Vice President, ICF International

2:45 – 3:00 Break Refreshments Courtesy of EnviroFinance Group
A chance to network and review the exhibits

3:00 – 3:45 Surviving Credit Market Impacts and Succeeding in Business and Real Estate Cycles
*Emerging transactional trends in the brownfield redevelopment market
*Acquisition, remediation, sustainable redevelopment and risk management of environmentally challenged properties—Ingersoll Rand divestiture of Schlage Lock
*Structuring the deal, acquisition criteria and due diligence
*Property evaluation, development options, site planning entitlement scheduling
*Mitigating or avoiding environmental and market risks–“The Hairy Deals”
*Accounting for sustainable green and LEED standards during the redevelopment life cycle
*Manuscripting environmental insurance for large and small deals
*Climate change risk in business and real estate deals
   Mary Hashem, Co-Founding Partner, Brownfield Partners 
   Richard Sheldon, Senior Vice President, Willis Environmental Practice

3:45 – 4:30 Developers and Corporate Perspectives on a Complex Sustainable Property Deal
*Challenges to divesting legacy non-performing industrial property
*Creating value and repositioning sites for disposition and redevelopment
*Large brownfield site due diligence, screening process, site access agreements
*New developments in deal structure, P&S Agreements, and post acquisition obligations
*Rules of the road: bringing successful closure to contaminated property deals
I*ntegrating remediation and development schedules, monetizing environmental assets
*New trends in risk management and sustainable development for large urban infill sites 
   Stuart Miner, Principal/Founding Partner, Brownfield Partners LLC 

3:45 – 4:30 Greening of the U.S. Real Estate Markets 
   Douglas Lawrence, Managing Director, JPMorgan Chase Bank

4:30 – 5:00 Lender Perspectives on Brownfield Transactions, Creating Environmental Capital
*Bracketing the risk, performing complete due diligence
*Negotiating and enforcing agreements/indemnities
*Debt/bridge and mezzanine financings for land/building acquisitions, remediation cleanup costs, construction, pre-development expenses, etc. 
   Edward Elanjian, Vice President, EnviroFinance Group, LLC
   Dean Jeffery Telego, Executive Co-Director, Environmental Bankers Association

5:00 – 5:30 Brownfield Deals from Inception to Completion—Maintaining Positive Community Relations, the Critical Link
*New developments in structuring the deal, deal criteria, due diligence, master plan design, life cycle of deals, manuscripting the right insurance policy
*Accounting for environmental issues during site characterization, demolition, remediation, site development, vertical construction
*Working with community, municipalities, using tax incentives and incorporating sustainable development into brownfield projects
*Case studies of successful repositioning of properties/exit strategies
   Pete Pederson, Principal and CEO, Renova Partners, LLC

5:30 – 7:00 RECEPTION Hosted by EDR, Inc. and EnviroFinance Group, LLC 

DAY TWO – April 7, 2009 

8:15 – 8:45 EPA Enforcement Priorities Influencing Brownfield Transactions and Redevelopments
*Measuring the effectiveness of EPA’s national and regional enforcement initiatives
*Tracking post-construction completion activities, financial assurance and SEPs
*Impact of EPA Enforcement First to ensure institutional controls at Superfund sites
*Model agreements aimed at resolving brownfield liability issues
*Integrating sustainability at brownfield sites
*ER3 Initiative’s redevelopment impacts, benefits of sustainable design/remediation
*Addressing long-term stewardship issues at hazardous waste sites 
   Ken Patterson, Director, Office of Site Remediation Enforcement, Office of Enforcement and Compliance Assurance, U.S. EPA 
   David Lloyd, Director, Office of Brownfield Cleanup and Redevelopment, OSWER, U.S. EPA

8:45 – 9:15 Court Decisions Affecting Business and Real Estate Transactions
*Post-Atlantic Research Corp. and other lower court opinions impact on cost recovery and site cleanups
*Federal district court rulings on joint and several liability under Section 107 (a)
*Proposed rulemaking and assessing NRD from hazardous substance spills
*Recent developments under RCRA citizen suit litigation affecting site investigations/cleanups
   Karl Bourdeau, Principal, Beveridge & Diamond, P.C.

9:15 – 10:15 State of Real Estate Industry, Capital Markets and Due Diligence Trends
*Credit Crunch, current business environment and economic market metrics
*Commercial real estate market fundamentals and trends
*Web-based tools to fundamentally change the way contaminated property is managed
*Changing standards to underwriting collateral risk/environmental business risk 
   Dianne Crocker, Managing Director, Market Research, EDR, Inc.
   Derek Ezovski, Managing Director, Commercial Property Due Diligence Services, EDR, Inc. (Moderator)

10:15 – 10:30 Break Refreshments Courtesy of CETCO Remediation Technologies Group
A chance to network and review the exhibits

10:30 – 11:30 Alternative Due Diligence and Risk Management Practices for Corporate Transactions
*Resolving environmental concerns and negotiating strategies for contaminated sites
*How much due diligence is enough? Selecting the most appropriate due diligence scope/standard for the transaction
*Balancing pragmatic business objectives against environmental issues
*Using on-line environmental information and electronic report platforms
*Environmental disclosure mandatory and voluntary reporting of environmental liabilities
*Enterprise software for environmental business risk management decisions
*Sarbanes-Oxley, FASB rules, Carbon Disclosure Project
*Due diligence investigations, portfolio analysis for sale lease backs
*ASTM Standards (Phase II and Continuing Obligations) effect of pre- and post-acquisition due diligence
*Exit strategies for mitigating comeback risks, liability buyouts/transfer solutions
   Chris Olson, Manager of Real Estate Reuse, BP North America
   Mary Schulz, VP, Environmental Risk, GE Capital Solutions
   Alan Feldbaum, Director, M&A Advisory Services, Environmental Resource Management (ERM)
   Jon Walker, Managing Director, Corporate, Legal and Government Services, EDR, Inc.
   Randall Jostes, CEO and President, Environmental Liability Transfer, Inc.
   David Mueller, Senior Managing Attorney, CNH America, LLC
   Abbi Cohen, Partner, Dechert LLP
   Amy Edwards, Partner, Holland & Knight LLP (Moderator)

11:30 – 12:00 Emerging Issues for Deal Making and Extracting Value in a Distressed Credit Market
*Trends in the financing environment, asset based and mezzanine lending, lending losses, de-leveraging, defaults/foreclosure due diligence
*Case law on green building certifications
*Extracting value from business and real estate transactions
*Using bankruptcy code to address environmental liabilities in deals
*Tax law interpretations for remediation costs
*Controversial brownfield litigation and failed construction projects
*Impact of CAA cases on transactions, due diligence and climate change risk
   Lawrence Schnapf, Special Counsel, Schulte Roth & Zabel

LUNCHEON Hosted by Holland & Knight, LLP, Conestoga-Rovers & Associates, BNA Environmental Due Diligence Guide, EDR, Inc., and Environmental Liability Transfer, Inc. 

12:00 – 1:30 Fair Value Accounting and Reporting Contingent Environmental Liabilities –FASB Rules Effecting Business
C. Gregory Rogers, J.D. CPA, President, Advanced Environmental Dimensions, LLC and Counsel to Guida, Slavich & Flores

1:45 – 2:45 Environmental Risk Management Strategies for Getting the Best Value from a Brownfield Transaction
*Life of a deal, initial feasibility analysis, budgeting for uncertainties
*Due diligence investigations, approvals, entitlements, land development interests
*Structuring the transaction, removing contingent liabilities
*Asset and liability buyout approaches for facilitating site closure
*Underwriting/manuscripting coverages and structuring a comprehensive financial assurance program
   Bob Hallenbeck, Senior Vice President, XL Insurance
   Jon S. Brooks, Partner, Phillips Nizer, LLP
   Chris Olson, Manager of Real Estate Reuse, BP North America
   Cynthia Retallick, Senior Vice President, TRC Companies, Inc.
   Richard Hawkinberry, Senior Vice President, Willis Environmental Practice (Moderator)

2:45 – 3:15 Liability Risk Transfer Options at Retail Gas Stations
*Selling portfolio of retail gas stations and the environmental due diligence involved
*Pre- and post-sale legal and environmental risk management techniques
*Risk-sharing mechanisms to enable asset sales
*Factors that influence liability risk transfer options
   James T. Schaeffer, Site Transfer Coordinator, Atlantic Richfield Company, a BP Company

3:15 – 3:30 BREAK Refreshments Courtesy of TRC and CRA
A chance to network and review exhibits

3:30 – 4:00 Environmental Liability Acquisition and Redevelopment of Corporate Real Property–Case Studies
*Holistic approach to evaluating property condition, transaction structure and liability issues
*Integrating acquisition, remediation, redevelopment and sale leaseback on acquisitions
*Drafting underlying remediation contracts and maximizing balance sheet tax benefits
   Randall Jostes, CEO and President, Environmental Liability Transfer, Inc.

4:00 – 4:30 Tying Together Liability Transfer and Transaction Strategies with Green Uses and Technologies
*Exit Strategy Program solutions that expedite sustainable redevelopment
*Blending fixed price remediation and liability transfer mechanisms for complex utility projects
   Cynthia Retallick, Senior Vice President, TRC Companies, Inc. 

4:30 – 5:30 Doing Deals on Landfill Redevelopment Projects
*Risks and rewards of constructing sustainable projects on closed landfills
*Designing, constructing and maintaining methane mitigation systems and proactive risk management unique to each landfill
*Working with community, municipalities, using tax incentives, and incorporating sustainable development into landfill projects
*Case studies of how to safely redevelop landfills/smart growth sites
   Gary J. Silversmith, President, P&L Investments, LLC
   Michael McLaughlin, Senior Vice President, SCS Engineers 

DAY THREE – April 8, 2009 

8:30 – 9:00 Doing Deals in New York City and State Under their Brownfield Cleanup Programs
*Overview of New York City and State brownfield remediation programs
*Incorporating sustainability in the remediation program
*Voluntary cleanup program to reduce at-risk remediations
*Emerging brownfield laws and recent litigation
*Tracking vapor intrusion reopeners at legacy sites
*Financial incentives for redevelopment (tax credits, etc.) in opportunity areas
   Daniel C. Walsh, Director, Office of Environmental Remediation, New York City
   Lawrence Schnapf, Special Counsel, Schulte Roth & Zabel

9:00 – 9:30 Reformation of New Jersey DEP Brownfield Cleanup Program
*New challenges affecting the voluntary cleanup program and NOVs for institutional/engineering controls, notification requirements Remediation reforms/S-1897
*Affect of vapor intrusion on brownfield redevelopment
*NRD claims and regulatory changes affecting site cleanup (LSP program)
   Colleen Kokas, Brownfield Manager, Office of Brownfield Reuse, New Jersey Department of Environmental Protection

9:30 – 10:00 Pennsylvania’s Voluntary Cleanup Program for Brownfields Cleanup and Redevelopment Program and Revitalization of Communities
*Changes in the Voluntary Cleanup Program to facilitate cleanup and redevelopment of properties
*Formalization of UECA and effect on site owners
*Practical considerations when using Vapor Intrusion Screening Guidance
*Expanded role for community revitalization/financial tools 
      Troy Conrad, Director, Lead Recycling Program, PA DEP

10:00 – 10:15 BREAK Refreshments Courtesy of BNA and ELT
A chance to network and review exhibits

10:15 – 10:45 East/West Coast Perspectives: How Sustainability is Affecting Commercial Real Estate and Brownfield Redevelopments
*Green Building and sustainability trends on both coasts
*Green building codes/LEED certification affecting brownfield developments
*Paradigm shift – institutional/engineering controls on commercial real estate through project specific district fees or tax assessments
*City building codes mandating energy conservation, water and waste management, green building codes
*Climate change risk and the metrics and tools of environmental due diligence
*Overlapping and intersecting issues involving environment, land use and “green building”/sustainable development
*Fractional property interests complicating due diligence – leasing air and surface right, ground leases and land use controls
   Amy L. Edwards, Partner, Holland & Knight LLP 
  
10:45 – 11:30 Commercial Development in an Era of Green Building and Sustainable Development
*Conducting and integrating environmental due diligence, and brownfield remediation into the commercial development
*Local (Washington, DC) green building initiatives affecting building standards/codes, energy codes, and zoning
*LEEDs certification, metrics and tools of environmental due diligence
*Insurance, lending and legal issues facing building owners/buyers and tenants
   Amy L. Edwards, Partner, Holland & Knight LLP
   Russ Hines, Executive Vice President, Monument Realty 
   Representative from the US Green Building Council

11:30 – 12:00 Turning a Brownfield into Sustainable Property Redevelopment
*Keystone Industrial Port Complex, USS Fairless Works brownfield site
*Manufacturing and industrial complex with green technologies and products
*Green companies, renewable energy production
*Public private partnership with multi regulatory agency cooperative effort
   Colleen Costello, Principal, Langan Engineering & Environmental Services, Inc.

LUNCHEON Hosted by EnviroFinance Group, Willis Environmental Practice, Risk Management Technologies, TRC Companies, P & L Investments, CETCO Remediation Technologies Group and XL Insurance

12:00 – 1:30 Developer’s Prospective: Packaging Elements of Public and Private Financing for Brownfield and Green Building Projects
Joshua Sternberg, Vice President, Roseland Property Development

1:30 – 2:00 Developing a Sustainability Baseline Program for Global Corporations
*GHG emission focus and GRI implementation
*Undertaking energy audits and sustainability designs for remediation projects
   Fred Taylor, Associate, Conestoga-Rovers & Associates

2:00 – 2:45 Integrating Sustainable Design and Remediation Metrics into Brownfield Sites
*EPA National Green Building and Verification Program
*Sustainable design and remediation projects, process-based techniques
*Incorporating sustainability concepts and indicators in remedial decision making activities
*Using sustainability assessment tools to measure environmental footprint, resource consumption and occupational risk
*Case studies demonstrating sustainable designs incorporate efficiency, maintainability and value through LEED, certifiable designs, performance contracting, life cycle cost analysis, energy audits, etc.
*Sustainable Remediation Forum (SURF)—process and direction
*One Touch PM—real time integration of project management information with CAD design file information/overlays and application to institutional controls
   Debra Goldblum, RCRA Revitalization Coordinator, U.S. EPA, Region 3
   Mark Knaack, Business Development Manager, Burns & McDonnell
   Curtis C. Stanley, Principal Consultant, Global Discipline Leader, R&D and Advocacy, Shell Global Solutions, Inc.

2:45 – 3:15 Sustainability and Brownfields, Economic Challenge for Real Estate Professionals
*Greenhouse Gas Inventory and Carbon Management Services (CMS)
*CMS project (energy efficiency, conservation, water conservation, renewable energy and data management)
*Real estate green drivers and role of appraiser
*Energy audit/saving measures/LEED assessments
   Sandra Gaurin, Environmental Risk Manager & Senior Project Manager, Tetra Tech EMI, Inc.

3:15 –3:30 BREAK Refreshments courtesy of CRA, ELT and TRC
A chance to network and review exhibits

3:30 – 4:00 Cutting Edge Case Law, Case Studies and Industry Perspectives on Vapor Intrusion
*Assessing and mitigating VI at petroleum and chlorinated solvent sites
*Industry observations about EPA and States’ VI guidance
*Strategies for vapor intrusion evaluation of legacy sites
*Legal and technical challenges involved in investigating and designing a VI mitigation system and making real time decisions for commercial transactions
*Landmark vapor intrusion case law and case studies featuring transactional issues
   Lawrence Schnapf, Special Counsel, Schulte Roth & Zabel

4:00 – 4:30 Screening, Evaluating, Remediating and Restoring Sites Affected by Vapor Intrusion
*Accounting for the environmental factors, mitigation systems
*Site specific modeling to screen out certain site conditions
*Risk-based screening methods for indoor chemical vapors
*Designing site investigations and remedial alternatives
*Application of advanced techniques using risk-based targets and vapor intrusion controls
*Using the One-Touch PM tool that ties GIS and program management at vapor intrusion sites
   Diana Y. Marquez, Associate Toxicologist, Burns & McDonnell

4:30 – 5:00 Use of a Gas Vapor Barrier to Mitigate Subsurface Vapor Intrusion
*Gas vapor barrier working with passive or active venting system
*Types of gas vapor membranes, spray-applied or sheet-applied
*Implementing membrane maintenance as required or necessary to ensure indoor air meets federal, state or local standards 
   Jeff Belote, Techniocal Sales Manager, CETCO Remediation Technologies Group

5: 00 Conference Summation
Dean Jeffery Telego, President, Risk Management Technologies, Inc.