ESWP: The "Business of Brownfields": 2006 Conference Program
2006 Conference Program
Track: Working within Legal/Regulatory Framework |
GETTING STARTED: DISCOVERING THE ENVIRONMENTAL RISKS |
Tuesday, 8:30-10:00AMThis program analyzes the “All Appropriate Inquiries” final rule established by the Environmental Protection Agency under the Small Business Liability and Revitalization Act of 2002 (aka, the Federal Brownfields Law). The "All Appropriate Inquiries" rule is the federal standards and practices for examining and identifying, prior to acquisition, the potential risks and liabilities associated with environmental conditions, prior owners and/or uses of property. These standards and practices also apply to anyone performing site characterizations and assessments using brownfield grants awarded under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This session also examines who benefits from complying with the "All Appropriate Inquiries" rule, for example certain landowner liability exemptions and protections are afforded under CERCLA for those who can demonstrate compliance with the rule. Finally, learn about the updates to the ASTM E1527 Standard and the differences between the updated standard and the prior E1527-00 Standard for performing an Environmental Site Assessment. Moderator: Christine Olshesky - Lender Consulting Services, Inc., Pittsburgh, PA
|
BANKING ON BROWNFIELDS: INCENTIVES AND OPPORTUNITIES |
Tuesday, 3:00-4:30PMFinancing the various phases of brownfield redevelopment takes a lot of time and capital. A mix of funding sources, including loans and investments offered by financial institutions, are needed to rebuild the economies of low- and moderate-income communities that contain many brownfields and vacant properties. In the past, financial institutions have been reluctant to take financing risks on abandoned sites in distressed communities. But now more than ever, regulatory and financial incentives provide opportunities for greater financial institution involvement. Participate in a lively discussion about how bankers do the deals and the bank regulators evaluate the deals . You will also hear about the West-to-West Coalition’s new seed fund and opportunities for leveraging additional funds. Moderator: Dan Holland - Federal Reserve Bank of Cleveland, Pittsburgh, PA
|
GETTING CONTROL: EMINENT DOMAIN AND LAND USE RESTRICTIONS |
Monday, 1:00-2:30PMThe exercise of eminent domain can play central role in urban redevelopment, smart growth, water quality improvements, wild land preservation and restoration, and a host of environmental and energy infrastructure projects. The Fifth Amendment of the United States Constitution provides: "nor shall private property be taken for public use, without just compensation." This session will examine the Supreme Court's 5th Amendment decision in the Kelo v. New London, No. 04-108, 545 US ___ (June 23, 2005), ( in which the Court, by a 5-4 majority, permitted eminent domain powers to be used in New London, Connecticut, to confiscate waterfront homes to build an office complex and condominiums and that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is not blighted and the new project's success is not guaranteed. The extent to which the Kelo allows governmental officials to condemn private property for the purpose of increasing tax revenues and promoting development will be addressed. This session also will explore the response by property rights advocates to take their case to state legislatures and that now more than 30 state legislatures are considering limits on the power of local governments to condemn private property and transfer it to real estate developers to spur economic growth. Institutional controls ("ICs") have a long history as a tool in property law and their use in a non-environmental context is quite common, like having prohibition against having a television reception satellite dish in a planned community. An IC can be imposed by the property owner, such as use restrictions contained in a deed or by a government, such as a zoning restriction and ICs are specifically provided for by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (NCP). In this session the types of ICs, such as proprietary (easements, covenants and reversionary interests) and government control (zoning, siting and groundwater restrictions), will be discussed. Additionally, this session will examine the legal obligations of a property owner to comply with ICs, the potential stigma associated with property subject to ICs and the responsibilities of buyer to ensure the continued compliance with any existing ICs. Moderator: Jerome N. Dettore - Executive Director, Urban Redevelopment Authority of Pittsburgh, Pittsburgh, PA
This page was last modified |
