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The Impact of Transactional Energy Disclosure Regulations and Sustainability Due Diligence Requirements on Commercial Real Estate Transactions


Product Code - EHAU04
Speaker(s): Mark J. Bennett and Douglas J. Feichtner
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ASTM International is developing a new standard for the collection and disclosure of energy use information associated with buildings involved in real estate transactions. Given the fact that ASTM developed environmental due diligence standards in the early 1990s that set the framework for later policy and regulations, it is likely the new ASTM standard will serve as a precursor for the development of green building due diligence standards. ASTM WK24707, Guide for Building Energy Performance Disclosure, is under the jurisdiction of Subcommittee E50.02 on Real Estate Assessment and Management.

The development of the ASTM standard and its broader implications on transactional energy disclosure and sustainability due diligence requirements for real estate sales and leases will be the focus of a presentation by Mark J. Bennett, leader of Miller Canfields Climate Change Practice Team and co-chair of the ASTM Legal Subcommittee, with additional comments by Douglas J. Feichtner of Dinsmore & Shohl LLP.

Bloomberg BNA's 90-minute presentation is designed to help you:

  • Understand current ASTM efforts to standardize energy disclosure requirements for commercial buildings;
  • Learn about the emerging market evolution of benchmarking and rating criteria for energy-efficient buildings, including USEPA Energy Star, LEED, CMP-Green Value Score, and ASHRAE, among others;
  • Gain insight on the actions of cities, states, and the federal government to set green building requirements, public disclosure of property energy efficiency, and the sustainability performance of buildings;
  • Identify new sources of government incentives, including grants, rebates, tax credits, and other sources of capital for green building retrofit projects; and
  • Recognize new issues on the horizon, including pending climate change and renewable energy initiatives, likely to impact real estate transactions.

Mark J. Bennett and Douglas J. Feichtner

Mark J. Bennett is Senior Counsel with Miller Canfield and leader of the firms Climate Change Practice Team.

Douglas J. Feichtner is an associate with Dinsmore & Shohl LLP.