The X Games: Brownfields to Recreation and Conservation Uses Presented By: Gail Wurtzler, Davis Graham & Stubbs LLP Robert Lawrence, Davis Graham & Stubbs LLP Mike Cooper, Shaw Environmental and Infrastructure Miranda Freeman, Triangle Economic Research

Old Works Golf Course (before)

Old Works Golf Course

Trail of the Coeur d’Alenes

French Gulch (before)

French Gulch

American Airlines Center (before)

American Airlines Center

BASF Waterfront Park

Bridgeport Ballpark Harbor Yard

California Speedway

David A. Lorenz Park

Ohio River Park

Pepsi Center

Rocky Mountain Arsenal

Rocky Flats

Silver Bow Creek

Vintondale

Where do these projects come from? Settlement of Litigation Administrative Processes Mitigation Requirement Supplemental Environmental Project (SEP) Voluntary Action

When is a recreation/conservation Brownfield a good idea? Protect remedy, public health and environment Limited options for re-use Catalyst for revitalization Win-win for all stakeholders

Why aren’t there more of these projects? Need to benefit variety of stakeholders Need to resolve concerns of stakeholders Different points of view need to be reconciled

Stakeholders Government entities Lead agency and other agencies Local, state and federal PRPs Property owners (project and neighboring) Public Interest Groups

Government Concerns Protective of health and environment? Potential of change in standards Proper resolution of PRP obligations? Coordination with other government units Public reaction Funding Litigation risk

PRP Concerns Completing project within budget Protection from liability Who is responsible for O&M? Risk of changing standards Public and stakeholder reaction Transactions costs Exit strategy

Neighboring property owners Who is looking out for their interests? Effect on their property rights and values Is remedy protective? Risk of changing standards Who is responsible for O&M?

Public Interest Groups Is the project protective? Is there a better alternative? Is this an appropriate resolution of PRP’s obligations? How ensure project is success? Funding O&M Protect remedy Means to address changes in standards, etc.

Tool Box

Structure Public-private partnership models Public partnership models

Structure Successful models require: Homework A shared vision Clear and rational process Communicate early and often Understanding and accepting goals, capabilities and limitations of the other parties Fair deal structure

Remediation frameworks Compulsory government programs Voluntary cleanup programs

Institutional Controls and Environmental Covenants What will be protected? How? Who will enforce? How? Tools deed restrictions zoning restrictions special land use districts groundwater use restrictions specific state statutes

EPA Initiatives Ready for Reuse Determination Return To Use Initiative Regional streamlined processes

Funding PRP Tax Increment Funding (TIF) User fees Special district Grants Loans In-kind Federal and state tax incentives Private nonprofits

Release/Limitation of Liability CERCLA and other consent decrees Covenants not to sue Indemnification agreements Environmental insurance State liability protection programs

Measuring Benefit of Project PRP Government agencies Neighboring landowners Community

Who do I call? PRP property owner Local officials State voluntary cleanup program Public interest groups relevant to project Brownfields or reuse official at relevant federal agencies