Service Areas
Education
- Wayne State University Law School, J.D.
- Michigan State University, B.A.
Bar Admissions
- Michigan
Mark J. Bennett 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.
“Clients rely on me as a resource to simplify complicated and inter-connected challenges which involve both legal and business related matters. I focus on providing pragmatic solutions to maximize my clients’ investment in our firm’s resources”
Mark J. Bennett
Mark 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.
Representative Matters
- Cellulosic Ethanol Technology Developer
Representation of a Cellulosic Ethanol Technology Developer in securing a $40 million federal and state grant package to design, build and operate a scale manufacturing facility.
- European-based Auto Parts Manufacturer Brownfield Investment Approval
Representation of a European-based auto parts manufacturer in securing Brownfield eligible investment approval of $55 million and resulting state level tax credits.
- European-based Carbon Equity Fund
Identifying carbon offset projects and structuring transactions to incorporate carbon equity as well as energy-savings related funding strategies.
- National Financial Institution Sustainability Policy Training Program
Work with national financial institution to develop a sustainability policy training program and related loan origination strategy to position the institution for proactive marketplace entry.
- Start-ups Including Founding of Four Technology-based Companies
Extensive start-up company experience including founding of four technology-based companies and serving in executive management capacity as chairman and CEO from inception to exit, including focus on national venture capital and angel fundraising activities.
- Sustainable Concrete Manufacturer Regulatory Environments
Representation of a sustainable concrete manufacturer in determining regulatory environments conducive to creation and monetization of carbon credits associated with developing concrete manufacturing facilities as well as local regulatory and building code impacts on the manufacturing and sale of sustainable concrete products.
- Wind Farm Landlord/Tenant Lease/Option Negotiations
Representation of an agricultural land owner in lease negotiations with a wind farm developer seeking long-term lease, option agreement and mutli-parcel power purchase agreement pooling arrangement.
Professional Activities
- American Bar Association, Environment, Energy and Resources Section; Real Property, Probate, and Trust Law Section; State and Local Government Law Section
- Environmental Bankers Association (EBA), Co-Chairman, Global Issues Committee, Sub-Committee on Carbon Risk in Loan Portfolios
- State Bar of Michigan, Real Property Law Section; Environmental Law Section
- ASTM Committee ASTM WK24707, Guide for Building Energy Performance, Co-Chair Legal SubCommittee
- Michigan Israel Business Bridge
Honors + Awards
- Michigan State University, Economics, Phi Beta Kappa with honors
- Information Industry Association, Chairman's Award; Product Achievement Award
- Michigan Lawyers Weekly, 21st Century Innovators Award, October 14, 2009
Publications
"Energy use in Commercial Buildings," (Interview), Standardization News, March/April 2010
“SEC Opens the Door for Climate Change-Related Shareholder Proposals and Disclosure Requirements, With Potential New Liabilities for Public Companies,” (Co-author), Securities Regulation & Law Report BNA, 42 SRLR, March 1, 2010
"Green Leasing Goes Mainstream," Real Property Law Section, State Bar of Michigan, February 2010
"Retrofitting Buildings to Be Green and Energy-Efficient: Optimizing Building Performance, Tenant Satisfaction, and Financial Return," (Contributing Author), Urban Land Institute (ULI), January 2010
"Looking ahead," (Interview), Michigan Lawyers Weekly, January 4, 2010
"The Advent of Carbon Credit Trading in Michigan," (Co-Author Anna M. Maiuri), Michigan Bar Journal, October 2009 (posted with permission)
"Green Building Due Diligence," (Co-author Douglas J. Feichtner), BNA's World Climate Change Report, October 6, 2009
"Incorporating Building Energy Performance and Sustainability Into Traditional Environmental Due Diligence: The Advent of Green Building Due Diligence and All Appropriate Disclosure," BNA’s Environmental Due Diligence Guide, September 2009
"Welcome to the United States of Michigan," Michigan Business Review, July 23, 2009
"Re-energizing Michigan as the pendulum swings back," Business Review, June 11, 2009
"An Insider's Perspective, Green Building Criteria and Benchmarking Evolving Rapidly in Marketplace," (Interview), Environmental Due Diligence Guide, The Bureau of National Affairs (BNA), May 21, 2009
"Energizing the stimulus in Michigan," (Co-author Frank L. Andrews), Michigan Lawyers Weekly, May 11, 2009
"Mr. Green goes to Washington," Business Review, May 7, 2009
"Go Green," Asian Pacific American Chamber of Commerce E-Newsletter, May 2009
"Getting up to Speed on GSA's Green Stimulus," (Interview), Greenbiz.com, April 21, 2009
"Michigan's green stimulus begins in earnest," Business Review, April 16, 2009
"Outlook on Michigan's Economic Recovery," (Co-author Anthony J. Mavrinac), Michigan Lawyers Weekly, February 9, 2009
"Outlook on Michigan's Economic Recovery," (Co-author Anthony J. Mavrinac), Asian Pacific American Chamber of Commerce E-Newsletter, February 2009
"Pulte to raise home energy efficiency, hopes to be leader," (Interview), Detroit Free Press, January 18, 2009
"Identifying and Monetizing Carbon Finance Assets in Commercial Real Estate," (Stephen G. Palms co-author), Michigan Real Property Review, Winter 2008
"Miller Canfield's Mark J. Bennett Addresses Climate Change, Sustainable Property Transactions Conference," LexisNexis, December 3, 2008
"Environmental Due Diligence," The Bureau of National Affairs, Inc. (BNA), November 2008
"Climate change law begins to really heat up," Detroit Legal News, November 13, 2008
"Sustainability Due Diligence: LEED® as the Evolving National Standard," The Bureau of National Affairs, Inc. (BNA), July 2008
"Environmental Services -- Green is good," Detroit Free Press, May 2008 (interview)
"Going Green to Save Some Green," Detroiter, May 2008
Podcast, "Current Critical Issues in Environmental Law: Green Buildings and Sustainable Development," May 2008
"Current Critical Issues in Environmental Law: Green Buildings and Sustainable Development," LexisNexis, May 2008
"CoStar Study Finds LEED, Energy Star Bldgs. Outperform Peers," (Interview), CoStar Group News, March 26, 2008
"Bush Energy Bill Taps GSA to 'Green' the Building Industry," (Interview), CoStar Group News (with permission), March 20, 2008
"Emerging Field of Climate Change Law Requires Improved Due Diligence," National Real Estate Investor, March 6, 2008
"Commentary: Climate change, energy consumption have impact on buildings - and banks," Michigan Lawyers Weekly, February 25, 2008
"Climate change and the carbon-constrained economy, Midwest In-House, January 2008
"The Evolution of Climate Change Due Diligence Standards," 231 BNA Environmental Due Diligence Guide 1911, October 18, 2007
"On the Cutting Edge: An Insider's Perspective - Climate Change Due Diligence Developing, Creating New Opportunities," 16 BNA EDDG 7, BNA's Environmental Due Diligence Guide, July 2007
"Electromagnetic Fields Tilt 'Reasonableness' Standard in Property Valuation: Can New Study Affect Outcome of Pending California Litigations?" 6 REEL, BNA 20, December 1995
"Financial Institutions Adopting Policies to Tackle Environmental Risk, Survey Shows," 8 Toxics L. Rep., BNA 201 and 61 Banking Rep., BNA 194, August 1993
"Redefining Environmental Due Diligence," 58 Banking Rep., BNA 692, April 1992
"The Rise of the Environmental Transaction Screen," 6 Toxics L. Rep., BNA 735, November 1991 (co-authored)
"Home Sweet Home - Or Is It? Environmental Due Diligence in a Residential Setting," 5 Toxics L. Rep., BNA 1613, May 1991
"Lenders: Environmental Police Force of the 1990s," 4 Toxics L. Rep., BNA 1131, May 1990
"Technology-Based Standards for Environmental Due Diligence," 4 Toxics L. Rep., BNA 331, August 1989
"Environmental Due Diligence: An Evolving National Standard," 3 Toxics L. Rep., BNA 1262, March 1989
"Government Records: An Essential Element of Environmental Due Diligence," 3 Toxics L. Rep., BNA 920, December 1988 (co-authored)
"Environmental Risk: Are Your Loans Marketable?" 3 Toxics L. Rep., BNA 618, October 1988 (co-authored)
"Minimizing Environmental Liability: Due Diligence Techniquest for Purchaser/Lender," 51 Banking Rep., BNA 489, September 1988 (co-authored)
"Due Diligence Techniques for the Innocent Purchase/Lender," 3 Toxics L. Rep., BNA 434, August 1988 (co-authored)
Speeches
Frequent lecturer on environmental and real estate topics.
"21st Century Innovators," (Interview), Michigan Lawyers Weekly, October 14, 2009
LexisNexis® Environmental Law & Climate Change Center Podcast on Green Building Transactional Disclosure Regulations, April 7, 2009
"Climate Change Attorney Sees Opportunity in Economic Recovery Package," (Interview), WWJ Newsradio 950, January 22, 2009
"DOE Pledges $8B To Guarantee Clean Coal Financing,"(Interview), Law360, New York, September 24, 2008
"Monetizing Carbon Finance Assets in a Real Estate Transaction," LexisNexis Interview, June 2008
"Green Building & Finance (with permission)," Real Estate and Environmental Law & Climate Change Web Centers, March 2008
Seminars + Events
- International Climate Law and Policy Symposium
- Webinar: Climate Change Disclosure Obligations: New Risks, New Opportunities
- Investepreneur Roundtable: Green Technology
- Green Lease Seminar
- Before the Bell Breakfast Forum: Climate Change Investment Implications
- The Green Lease: A Two-Way Street (Greenbuild International Conference and Expo)
- Building Energy Performance Disclosure and Monetizing Carbon Assets in Business and Commercial Real Estate Transactions
- Cappuccino with Counsel: Buried Treasure - Uncovered Opportunities in Commercial Real Estate
- Investepreneur Roundtable: Real Estate Development and Investment
- Keeping Current on Climate Change (Air Waste Management Association/East Michigan Chapter)
- Webinar: The Impact of Transactional Energy Disclosure Regulations and Sustainability Due Diligence Requirements on Commercial Real Estate Transactions
- Changes in Green Building Due Diligence: Finding Opportunities While Minimizing Risk
- Monetizing Carbon Assets in Commercial Real Estate Portfolios and Carbon Risk in the Loan Portfolio (Environmental Bankers Association)
- Sustainability Movement's Impact on Real Estate Transactions (Air & Waste Management Association (A&WMA) Annual Conference)
- Cashing in on the Coming Revolution in Energy and Eco-Technology via Creative Collaboration/Panel Discussion (Greening the Heartland Regional Conference)
- Monetizing Greenhouse Gas Emission Reductions for Real Estate Transactions
- Green Retrofits/Return on Investment (Oakland County Green Summit)
- Climate Change Regulatory Trends Impacting Corporate and Real Estate Transactions (2009 Energy Conference)
- Review of State of Michigan Climate Change and Related Greenhouse Gas Legislation (State Bar of Michigan, Environmental and Business Law Sections)
- Carbon Due Diligence (Green Building Finance & Investment Forum West)
- Overview of Key Sustainability Drivers (Homeward Bound 2008-2009)
- Sustainability Due Diligence: A Review of Evolving Industry and Regulatory Trends and Emerging Standards (Environmental Bankers Association)
- Monetizing Carbon Finance Assets in a Real Estate Transaction: Sustainable Property Transactions
- Overview of Renewable Legislation in Michigan (U.S. Green Building Council Detroit Regional Chapter Meeting)
- Green Leases (Green Building Finance & Investment Forum)
- Financial Incentives for Businesses in Michigan and Canada
Articles
- SEC Opens the Door for Climate Change-Related Shareholder Proposals and Disclosure Requirements, with Potential New Liabilities for Public Companies
- The Impact of the Copenhagen Accord
- Green Leasing Goes Mainstream
- Go Green: Energy-Saving Technology and Practices Benefit Building Owners and Tenants Too
- Green Building Takes the LEED®
- Climate Change Has Far-Reaching Impact. How Will You Be Affected?
Newsletters
News
- Miller Canfield Lawyers Author Article on New SEC Disclosure and Shareholder Proxy Rules and Regulations
- Miller Canfield at the Forefront of Climate Change Strategies
- Miller Canfield Named Among Michigan Lawyers Weekly's 21st Century Innovators for its Climate Change Practice
- Miller Canfield Climate Change Attorney Sees Opportunity in Expected Economic Recovery Package
- Miller Canfield Attorney Mark J. Bennett Speaks at Climate Change and Sustainable Property Transactions Conference
- Miller Canfield Attorney Mark J. Bennett Authors Publication on Green Buildings and Sustainable Development
- Miller Canfield Attorney Mark J. Bennett Appointed Chairman of National Green Building Finance & Investment Forum