Inaugural Forum on

Acquiring, Developing, and Disposing of Brownfields Sites

Seizing Opportunities • Partnering for Success • Protecting Against Risks

Monday, April 30, 2007

About

“GOLD IN BROWNFIELDS? Policy Changes, Incentives and Growing Expertise of Environmental Contractors are Bringing About a Renewed Interest.”
– Newsday, November 30, 2006

The landscape has changed: Brownfields development is no longer just for risk takers. Real estate developers and owners of Brownfields sites are increasingly recognizing that environmental contamination is a solvable problem, and they’re finding great opportunities in Brownfields sites. With less available undeveloped land, new types of environmental insurance, cheaper remediation methods, and many incentives available, developers are becoming more comfortable with the risks involved. And owners of contaminated land that have been “mothballing” these properties—out of fear of exposure to liability claims—are now discovering that they can improve their balance sheets by putting these sites on the market, while controlling potential liabilities.

But the future isn’t green for every Brownfields development project.

The developer and owner that find gold in Brownfields must know how to successfully navigate due diligence traps, risk allocation, and remedial responsibilities. Plus, to make these deals as economically beneficial as possible, one must know how to utilize critical government protections and incentives that promote Brownfields redevelopment.

ACI has developed this publication from its Inaugural Forum on Acquiring. Developing and Disposing of Brownfield Sites to specifically address the unique problems that surface in these transactions. This event offered a practical information of real-world issues that arise in Brownfield real estate development and offer winning and workable strategies to resolve these issues.

Our faculty, consisting of leading experts and legal advisors for major property developers and owners, as well as prominent regulatory officials from state and federal environmental agencies, will offer key negotiating advice and detailed knowledge to help you better facilitate various types of transactions. They will guide you through:

  • Assessing sites and measuring potential risks
  • Negotiating Brownfields contracts of sale and utilizing multi-layered transactions
  • Working effectively with public entities and redevelopment authorities
  • Finding the best use for formerly contaminated properties – and evaluating when residential development may be a viable option
  • Obtaining special grants and tax credits

Contents & Contributors

About

“GOLD IN BROWNFIELDS? Policy Changes, Incentives and Growing Expertise of Environmental Contractors are Bringing About a Renewed Interest.”
– Newsday, November 30, 2006

The landscape has changed: Brownfields development is no longer just for risk takers. Real estate developers and owners of Brownfields sites are increasingly recognizing that environmental contamination is a solvable problem, and they’re finding great opportunities in Brownfields sites. With less available undeveloped land, new types of environmental insurance, cheaper remediation methods, and many incentives available, developers are becoming more comfortable with the risks involved. And owners of contaminated land that have been “mothballing” these properties—out of fear of exposure to liability claims—are now discovering that they can improve their balance sheets by putting these sites on the market, while controlling potential liabilities.

But the future isn’t green for every Brownfields development project.

The developer and owner that find gold in Brownfields must know how to successfully navigate due diligence traps, risk allocation, and remedial responsibilities. Plus, to make these deals as economically beneficial as possible, one must know how to utilize critical government protections and incentives that promote Brownfields redevelopment.

ACI has developed this publication from its Inaugural Forum on Acquiring. Developing and Disposing of Brownfield Sites to specifically address the unique problems that surface in these transactions. This event offered a practical information of real-world issues that arise in Brownfield real estate development and offer winning and workable strategies to resolve these issues.

Our faculty, consisting of leading experts and legal advisors for major property developers and owners, as well as prominent regulatory officials from state and federal environmental agencies, will offer key negotiating advice and detailed knowledge to help you better facilitate various types of transactions. They will guide you through:

  • Assessing sites and measuring potential risks
  • Negotiating Brownfields contracts of sale and utilizing multi-layered transactions
  • Working effectively with public entities and redevelopment authorities
  • Finding the best use for formerly contaminated properties – and evaluating when residential development may be a viable option
  • Obtaining special grants and tax credits

Contents & Contributors

ACQUIRING, DEVELOPING AND DISPOSING OF BROWNFIELDS SITES
Roxanne Jayne, Cozen O’Connor (Cherry Hill, NJ)

MINIMIZING RISK THROUGH INSURANCE
Andrew N. Davis, LeBoeuf, Lamb, Greene & MacRae (Hartford, CT)
Mary Ann Susavidge, XL Environment, Inc.

TAILORED INSURANCE COVERAGE FOR POST-REMEDIAL RISKS: THE KEY TO THE EXIT
Susan Neuman, Environmental Insurance Agency (Larchmont, NY)

EXIT STRATEGIES
Gerald L. Pouncey Jr., Morris Manning & Martin LLP (Atlanta, GA)

NEGOTIATING BROWNFIELDS CONTRACTS OF SALE
Andrew N. Davis, LeBoeuf Lamb Greene & MacRae (Hartford, CT)
Jay Jaffe, Farer Fersko (Westfield, NJ)

PROTECTING THE SELLER IN A BROWNFIELDS TRANSACTION
Scott H. Reisch, Hogan & Hartson (Denver, CO)

BROWNFIELDS – FEDERAL LEGISLATION, REGUALTIONS AND GUIDANCE
Eric Schaaf, U.S. Department of Environmental Protection (New York, NY)

FINDING THE BEST USE FOR YOUR BROWNFIELDS SITE AND GETTING IT APPROVED
Douglas M. McGarrah, Partner, Foley Hoag (Boston, MA)

FINDING THE BEST USE FOR YOUR BROWNFIELDS SITE
Gary Silversmith, P & L Investments LLC (Washington, DC)



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