Session 16: Landowners & Environmental Markets - Understanding the Opportunities
A moderated panel discussion designed for landowners interested in exploring options available to them – also of benefit to bankers. Doing your own bank, partnering with investors or bankers, and other considerations for the landowner. An outline presentation highlighting the different approaches and considerations (pros & cons) will be provided followed by a moderated discussion on their benefits and challenges.
Mr. Kauttu is recognized as an authority in environmental appraisal and land use matters. He has a nationwide appraisal practice, with primary focus in California, Arizona, Texas and Florida. He has qualified as an expert witness in state and federal courts and has lectured widely on the subject of wetlands and habitat valuation.
Mr. Kauttu’s perspective on wetlands and habitat valuation rests solidly on the inter-relationship between environmental value and economic value. He has developed direct market evidence of this inter-relationship, proving that the highest and best use of environmentally sensitive lands can be for mitigation and other economic uses, Mr. Kauttu's focus on environmentally sensitive habitat has led him into a steady practice in the area of Conservation Easement appraisal.
Mr. Kauttu's appraisals have assisted property owners in preserving forever more than one hundred thousand acres of extraordinary land. His appraisals have been used in preservation efforts involving coastal wetlands, wild rivers, wilderness areas, endangered species habitat,
archaeological resources and other "priceless" landscapes.
Mr. Kauttu has a B.A. in political science from Gordon College and completed two years of law school at the University of Puget Sound.
Mitchell Chadwick LLP
Braiden’s clients include Fortune 500 companies with business interests in California, including commercial, residential, agricultural, and industrial businesses. His representation regularly includes appearances before local, regional, state and federal administrative agencies in connection with use permits and other entitlements. He handles all aspects of environmental compliance under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), land-use permitting and any resulting litigation. His permitting work extends from California’s largest ski resorts, to residential developers, oil gas and energy companies, wineries, agricultural entities, landfills, mitigation/conservation banks, and mining companies.
As one of the state’s most knowledgeable authorities on mitigation/conservation banking, Braiden is consistently on the faculty for legal and industry conferences on cutting-edge banking issues. The key to his success is working closely with the California Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, and the Army Corps of Engineers to entitle mitigation banks throughout California. This work is highly specialized, and includes in-depth title examination, negotiation with landowners, cities, Counties, and State and federal agencies to resolve conflicts with mineral rights, endangered species, jurisdictional waters, traditional land-use laws, and helping create crediting methodologies used by administrative agencies. He understands both the regulatory risks as well as the business interests driving his client’s projects. His professional working relationships with agency staff and counsel, as well as his unparalleled experience in this area of the law, makes Braiden uniquely suited to help his clients get their projects approved quickly and economically.
Braiden is also one of California’s leading experts on the Williamson Act. He was directly involved on behalf of the solar industry to help shape recent legislation modifying the Williamson Act to accommodate solar facilities on non-productive farmland. He also frequently represents multinational oil and mining companies, residential and commercial developers and a variety of landowners on Williamson Act issues, including compatible use determinations, potential litigation, and petitions for cancellation of existing Williamson Act contracts.
U.S. Fish and Wildlife Service
Valerie Layne is the staff lead for the largest conservation banking program in the nation, located in the Fish and Wildlife Service's Sacramento Fish and Wildlife Office. She sits on IRTs in the Sacramento and San Francisco Corps districts, and works closely with federal and state agency partners on review teams for joint conservation/mitigation banks. She is a member of the multi-agency team developing statewide banking policy and templates for use in the State of California. She is also an instructor for the Conseravation Banking Training Course, taught at the USFWS National Conservation Training Center in West Virginia.
Tuesday, May 9
2:15 PM – 4:15 PM
Wednesday, May 10
8:30 AM – 10:00 AM
Wednesday, May 10
10:20 AM – 11:20 AM
Chief Markets Officer
Resource Environmental Solutions, LLC
Mr. Kelly is a graduate of Tulane University (B.A.) and a cum laude JD and MSL (Masters in Environmental Law) graduate of the Vermont Law School. As the Chief Markets Officer for Resource Environmental Solutions, he has permitted and sold over $100m of environmental credits in the United States relating to water quality, wetlands, streams, and endangered species. He has worked with numerous resource agencies, landowners, municipalities, investors and private and public credit buyers in the implementation of mitigation projects. He has worked on resource mitigation projects and negotiated and implemented mitigation banking instruments in Maryland, Idaho, Montana, Virginia, West Virginia, Pennsylvania, North and South Carolina, Georgia, Texas, Louisiana, California and Florida as well has drafted and negotiated land deals with over 100 landowners for resource mitigation projects. He has been a leader in promoting new polices at the federal, state and international levels relating to market-based solutions to achieve environmental objectives, including working on the recently promulgated US wetland mitigation rules enacted in June 2008.
Mr. Kelly served on the Board for almost ten years and was elected as the President of the National Mitigation Banking Association (US) in 2009. Additionally, he was appointed to serve on the Business and Biodiversity Offsets Program (BBOP), the EPA Chesapeake Bay Program Nutrient Trading Task Force, the Advisory Committee to the Water Quality Fund for the Chesapeake Bay, the National Water Quality Trading Alliance.
Prior to joining RES in 2014, Mr. Kelly was the founder and director for Environmental Banc & Exchange, LLC from 1997 to 2014. In addition, he served as partner and member of the Environmental Law Group at the firm, Ober, Kaler, Grimes and Shriver from 1987 to 1997.
Wednesday, May 10
10:20 AM – 11:20 AM
Wednesday, May 10
4:00 PM – 5:30 PM
Thursday, May 11
11:30 AM – 1:45 PM
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