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ASTM’s New Building Energy Performance Assessment Standard and Its Impact on the Commercial Real Estate Industry


Product Code - EHAU03
Speaker(s): Mark J. Bennett, David Freeman, and Brian McCarter
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ASTM’s recently adopted Standard Practice for Building Energy Performance Assessment for a Building Involved in a Real Estate Transaction  (E2797-11) is anticipated to have a significant impact on the commercial real estate industry in a similar way that the ASTM’s Phase I environmental site assessment standard (E1527) created the basis for standardization of environmental due diligence. The BEPA standard is becoming the basis for facilitating energy benchmarking, which plays a critical role in the rapidly evolving energy due diligence process. The standard also is being used in connection with new building energy labeling, disclosure, and mandatory auditing regulations being implemented in many cities and states throughout the United States.

This 90-minute webinar, featuring Mark J. Bennett, David Freeman, and Brian McCarter is designed to: 

  • Provide an historical perspective of the economic, policy and legal marketplace drivers that led to the development of the standard, including new state and local energy audit disclosure, benchmarking, labeling, and retrofit/retro-commissioning laws
  • Set forth a technical review of the standard’s primary components
  • Discuss how the BEPA standard complements existing energy-related standards such as ASHRAE, LEED, and EnergyStar
  •  Review primary legal considerations surrounding the standard, including how it should be addressed in leases, sales, and financings of properties and how it relates to new statutory disclosure requirements
  • Analyze the role of environmental professionals in assisting clients in using the standard in ways that advance their business goals and facilitate compliance with legal obligations

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a Bloomberg BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:30 a.m. to 7:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:

  • Quality. Count on it. Nothing is canned.
  • Objectivity. Bloomberg BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
  • Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
  • Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:

  • Personal attention. Once you’ve registered, send your questions in advance to mgrena@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
  • Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
  • CLE credits will be available for this EHS Webinar.

 

Mark J. Bennett, David Freeman, and Brian McCarter

  Mark J. Bennett

Mark J. Bennett  is senior counsel with Miller Canfield. He has combined his dual training in real estate and environmental law into his position as leader of the firm’s interdisciplinary Climate Change Practice Team, managing a broad array of issues in this emerging area of law including carbon finance, green building and sustainable development, and renewable energy.  His practice also includes a focus on advising clients in the acquisition and development of commercial real estate, as well as guiding companies in conducting environmental due diligence in real estate transactions. Bennett also is chair of the ASTM E2797-11 legal issues sub-committee.

Bennett also counsels clients on strategies to obtain environmental-related economic development incentives, including Brownfield designations. He has extensive experience in negotiating contractual agreements related to LEED ® certification for building owners, investors, architects and construction professionals. In addition, he routinely works with clients to secure venture capital financing and has also assisted several companies with merger and acquisitions transactions and corporate formation.

 David Freeman

David Freeman is a partner in the international environmental practice at Paul Hastings in New York and is chair of the firm’s New York environmental practice. Freeman's practice focuses on representation of buyers, sellers and developers of brownfields and other contaminated properties; representation of parties engaged in hazardous waste cleanups; litigation related to remediation, cost recovery, property damage and exposure to toxic substances; conducting and/or supervising environmental due diligence; and assisting clients with respect to climate change, sustainability and green buildings issues.

Freeman is a frequent speaker and writer on environmental topics. He is a contributing author to the American Bar Association's handbook, Environmental Aspects of Real Estate Transactions, and a member of the Board of Advisors of Real Estate/ Environmental Liability News. He has served as editor-in-chief of West Publications' Journal of Environmental Law & Practice and is an annual update editor for West’s treatise, Environmental Law & Regulation in New York

Freeman also is active in pro bonoand bar association activities. He is president of the New York City Brownfield Partnership and vice chair and member of the board of trustees of the New York League of Conservation Voters Education Fund.  He is co-chair of the Committee on Hazardous Waste of New York State Bar Association's Environmental Law Section, co-chair of the section’s Brownfield Task Force and the recipient of the Section’s 2001 "Distinguished Service Award."

 Brian McCarter New

Brian McCarter is CEO of Sustainable Real Estate Solutions, Inc. (SRS), a market pioneer and leader in energy and sustainability performance assessment and management software solutions for the commercial real estate industry. McCarter leads SRS’s strategic initiatives to meet the exploding demand for building energy assessment, benchmarking and optimization solutions, including the development of SRS's flagship platform Sustainable Real Estate Manager®, an Internet-based, "Software as a Service", that enables stakeholders to assess the energy and sustainability-related risks and opportunities at their properties. He is a sub-committee chair of the ASTM Building Energy Performance Assessment Standard Task Group.

Prior to founding SRS, McCarter was co-founder of Building Energy Performance Information LLC, publisher of Building Energy Performance Assessment News (BEPAnews). McCarter also was EVP Sales & Marketing for Environmental Data Resources, Inc. where he was a member of the start-up management team that pioneered the use of public environmental database information, technology-enabled data collection and digital mapping systems to create a new information services industry sector providing environmental risk information services to parties involved in the commercial real estate transaction due diligence and portfolio risk management markets.