Polly B. Jessen

Extended Producer Responsibility Act Implementation.  Represent the producer responsibility organization (PRO) responsible for implementing Colorado’s extended producer responsibility act.  The act requires the PRO to collect fees from producers of packaging materials and paper  products to fund implementation of a state-wide recycling program.  Central to the program is the reimbursement of recycling services providers for the net cost of providing collection, processing, and delivery to responsible end markets of recyclable materials.  Representation includes regulatory matters, development of service provider application procedures and contracting forms, and individual service agreement negotiations with nearly two hundred public and private  service providers.

VIVA White Oak TIF. Represent the governmental entity issuing tax increment bonds to support a 250-acre redevelopment of a contaminated former quarry site near Washington, D.C., with respect to environmental risk management and disclosure matters.

Ball Arena and Elitch Gardens Redevelopment. Represent the owner in negotiating cleanup requirements and other environmental terms and conditions of agreements with the City and orders with the Colorado Department of Public Health and Environment, and environmental cost recovery, associated with the redevelopment of over 100 acres of property in Central Denver, which is currently home to the Ball Arena and Elitch Gardens Theme & Amusement Park.

PuebloPlex, Pueblo, Colorado. Represent the local redevelopment authority (LRA) in negotiating cleanup requirements and other environmental terms and conditions associated with the transfer of approximately 16,000 acres of property within the former U.S. Army Pueblo Chemical Depot; advising the LRA with regard to environmental due diligence and environmental risk management during acquisition and redevelopment, including regulatory compliance and cleanup, environmental insurance, institutional controls, cost recovery opportunities, environmental disclosure, remediation funding sources, NEPA, and other redevelopment-related issues.

Eagle Mine Superfund Site.  Represented mountain town in negotiating property conveyance and environmental terms of a settlement agreement with a former developer by which the town took title to the principal portion of the Eagle Mine Superfund Site, as well as associated agreements with USEPA and the state of Colorado.

Lowry Redevelopment Authority, Denver, Colorado. Represented the Authority with respect to the closeout of agreements for the privatization of cleanup at the former Lowry Air Force Base.

Eagle Valley Transportation Authority, Eagle County, Colorado. Advised eight local entities in drafting and negotiation of an IGA and other legal requirements under state law to form a regional transportation authority and obtain voter approval of associated sales and lodging taxes.  Advised the authority board with regard to initial steps necessary to “stand up” the new authority and initiate regional transportation services.

National Western Center Redevelopment, Denver, Colorado. Represented the City and County of Denver, Colorado, in developing and negotiating the governance structure and framework agreements for expanding and redeveloping the current home of the National Western Stock Show into a new 270-acre state-of-the-art, multi-purpose campus to house the National Western Stock Show; serve as a hub for year-round creative, P-20 experiential educational, research and commercial activity that promotes, supports, and helps to preserve the western lifestyle while highlighting innovation and global issues of health, food systems, water, and the environment; and provide an attractive environment for additional agricultural business and science investments that position the State as an agricultural innovations cluster leader; currently represent Denver in administering its obligations under the framework agreements and in structuring and soliciting partners for development of future phases of the project.

Central I-70 Project, Denver, Colorado. Advised the Colorado Department of Transportation in structuring of a customized hazardous materials and environmental risk management regime (including specific provisions governing groundwater conditions).

The Boring Company's O’Hare Express System, Chicago, Illinois. Advised the City of Chicago in structuring hazardous materials and environmental risk management provisions of the P3 contract.

Stapleton Airport Redevelopment, Denver, Colorado. Represent the master developer of the former Stapleton International Airport property; drafted and negotiated core agreements related to the project, including the structure and implementation of the real estate purchase, the $650 million, publicly-financed infrastructure agreements, environmental risk mitigation and insurance, the development agreement, and other key documents and negotiations related to the project; drafted and negotiated environmental disclosures to be provided to prospective homebuyers and tenants, and assisted the client in several areas related to construction at the project site, including developing construction materials management plans, drafting construction contracts, negotiating the form of easements and other access agreements, and addressing land use and other entitlement issues.