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Closing Property Transactions Using Mitigation Banking Credits

Closing Property Transactions Using Mitigation Banking Credits
Product Code - EHAU03
Speaker(s): Brad Campbell, Swan Creek Energy LLC; Jeff Cappola, Shareholder at Wilentz, Goldman & Spitzer P.A; Doug Lashley, GreenVest LLC; Dean Jeffery Telego, President, RTM Communications, Inc.
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Mitigation credits resolve environmental permitting and enforcement requirements for the divestiture and/or acquisition of surplus corporate properties, brownfield redevelopments and the development of commercial or residential real estate. Mitigation banking effectively satisfies regulatory compliance permitting for wetland restoration and water quality impacts through the sale of credits for wetland and stream resources, as well as for impacts to endangered species through conservation banks. More recently nutrient mitigation banks are being established in jurisdictions where a total maximum daily load related water quality rule has been established. There are approximately 1,100 wetland, stream, forestry and nutrient mitigation banks operating to expedite permitting related to key infrastructure elements to projects.

Creative financing tools including the use of mitigation banks provide a clear monetary value for transportation and energy sector projects, infrastructure development industries and brownfield redevelopments.

Bloomberg BNA and RTM Communications, Inc. are proud to have a distinguished panel to discuss these cutting-edge topics:
Doug Lashley, Managing Member, GreenVest, LLC
Brad Campbell, President, Swan Creek Energy, LLC
Jeff Cappola, Shareholder, Wilentz, Goldman & Spitzer PA
Jeff Telego, President, RTM Communications, Inc. (Moderator)

Educational Objectives:
•Facilitate brownfield redevelopments using mitigation banking
•Offset environmental permitting or enforcement actions through the use of ecosystem financial tools and tactics
•Learn what mitigation credit stacking can do for energy and infrastructure projects and brownfield properties that may qualify for many kinds of mitigation credits
•Use mitigation credit banking to reposition nonperforming real estate and meet environmental permitting requirements
•Navigate effective ways to sell mitigation credits to permittees for water resources and carbon sequestrations issues
•Examine through case studies how successful brownfield developers and corporate owners use mitigation banking

Who Would Benefit From Attending This Program:
Environmental attorneys, environmental consultants, real estate developers, lenders and other professionals involved in brownfield redevelopments and mitigation banking.

Program Level: Intermediate
Prerequisite: A general understanding of environmental law and/or the federal superfund law.
CPE Delivery method: Group Internet-Based Live
Field of Study: Specialized Knowledge & Applications
Recommended CPE credit: 1.5 credit
Anticipated CLE credits: 1.5 credits (may vary based on locations requested)

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar! 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 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

In addition, you’ll receive:
Personal attention. Once you’ve registered, send your questions in advance to 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 and CPE credits will be available for this EHS Webinar.

Brad Campbell, Swan Creek Energy LLC; Jeff Cappola, Shareholder at Wilentz, Goldman & Spitzer P.A; Doug Lashley, GreenVest LLC; Dean Jeffery Telego, President, RTM Communications, Inc.


Brad Campbell is president of Swan Creek Energy LLC. He is a nationally recognized environmental leader, currently in private practice as an attorney and consultant focused on issues involving the environment, energy, and entrepreneurship and science. His work spans a wide range, encompassing brownfield cleanup, natural resource restoration, innovative and alternative energy project development, municipal environmental projects, and general litigation. In 2006, Brad completed four years of service as Commissioner of the New Jersey Department of Environmental Protection. In this role, Brad successfully led major initiatives to protect water resources and reshape development. Prior to his service at DEP, Brad served as regional administrator of the U.S Environmental Protection Agency's Mid-Atlantic region. Brad lectures and writes regularly on major legal and policy issues, and is currently a public scholar at Monmouth University’s Urban Coast Institute. He also has been a visiting professor at the University of North Carolina Law School. Brad is an alumnus of the University of Chicago Law School and Amherst College.

Jeff Cappola is a shareholder at Wilentz, Goldman & Spitzer P.A. He concentrates on brownfield and landfill redevelopment, land use, and regulatory compliance with environmental laws. Jeff counsels businesses and developers on identifying the applicability of, and developing strategies for obtaining environmental and land use permits at the federal, state, and local levels. Jeff has extensive experience with all aspects of real estate development including due diligence, property acquisition, financing, permitting, liability protection, environmental insurance and negotiating and drafting real estate purchase and sale agreements and redevelopment agreements. Jeff negotiates with federal, state and local authorities on obtaining permits and approvals for waterfront development, coastal areas, flood hazard areas and wetlands projects. He also negotiates with regulatory agencies on obtaining permits for wetland mitigation banks on behalf of wetland mitigation bank developers, and has negotiated Administrative Consent Orders and Bonafide Prospective Purchaser Agreements with federal and state authorities. Jeff advises clients on cost recovery options related to cleanups, and compliance with New Jersey’s Industrial Site Recovery Act and Site Remediation Reform Act. He is a member of the New Jersey Bar.  

Doug Lashley founded GreenVest LLC, a land re-developer in 1998 and since that date has helped lead a national charge to balance economic objectives with enhanced environmental performance. Doug is a real estate and environmental lawyer, with 36 years of experience in commercial litigation, sustainable development, complex land use, permitting and redeployment of environmentally impaired real estate. Doug is a national thought leader in the innovative development of eco assets as a tool in helping solve conflicting stakeholder interests. He has been a principal and or counsel in industrial and waterfront revitalization projects, brownfield and reclaimed mining properties. His focus is on water quality issues involving mining reclamation, wetland, stream, forestry and nutrient mitigation. Doug holds a B.A. in Business from the University of Maryland and a J.D., from George Mason University.

Dean Jeffery Telego is president of RTM Communications, Inc. Jeff directs RTM corporate development and oversees the companies’ technical operations. Jeff creates and chairs two national conferences on environmental finance and risk management topics each year and develops customized training for the financial services industry in the United States, Asia, and Eastern and Central Europe. Jeff also is executive co-director of the Environmental Bankers Association, a financial services industry trade association created to develop model environmental risk management policies and procedures, exchange information by means of a clearinghouse and network, and apply this information in practical terms to credit risk analysis process in lending and for trust transactions.