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Aktuelle Analysen und Anregungen für Immobilien-investoren

„Führerschein und Papiere bitte" – ab 2013 gilt das auch für Verwalter von Immobilienfonds Und das Kapitalanlagegesetzbuch (KAGB) sieht noch eine Reihe weiterer Neuerungen vor. Diese Neuerungen betreffen auch die...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Another Nail in the Public Nuisance Litigation Coffin: The 9th Circuit Affirms Dismissal of the Kivalina Claims

On Friday, in Native Village of Kivalina v. ExxonMobil,the 9th Circuit Court of Appeals may have sounded the death knell for public nuisance litigation concerning the impacts of climate change, affirming dismissal of the...more

Lessons from a Long, Long Eminent Domain Battle

A few weeks ago, the California Court of Appeal issued an interesting unpublished decision detailing a long, drawn-out eminent domain battle in Riverside County. I haven't blogged about it yet because, well to be honest, it...more

PACE Fights Regulatory and Legal Headwinds

Once lauded by the Harvard Business Review as a “Breakthrough Idea of 2010,” the promise of an innovative financing method for residential renewable energy and energy conservation retrofits under Property Assessed Clean...more

City Did Not Violate Equal Protection Clause By Canceling Future Payments Of Lot Owners Who Owed Assessments While Refusing...

The United States Supreme Court held that a city did not violate the Equal Protection Clause when it forgave future payments of lot owners for sewer-related assessments but refused to provide refunds to lot owners who had...more

FHFA Announces Multiple New Policy Initiatives

On June 15, the FHFA published a Notice of Proposed Rulemaking regarding state and local Property Assessed Clean Energy (PACE) programs, as required by a preliminary injunction issued by the Northern District of California in...more

FHFA Proposes Rule for PACE Programs

On June 15, the FHFA, as required by a preliminary injunction from the Northern District Court of California, issued a notice of proposed rulemaking on state and local energy retrofit financing arrangements known as Property...more

Risks Increasing for Properties with Chlorinated Solvent Contamination

For properties where chlorinated solvents have been released, new regulatory challenges and related liability concerns are increasing as a result of controversial human health studies recently published by the federal...more

The Pennsylvania Environmental Hearing Board Clouds the Waters: Should Well Operators Appeal PADEP Determinations that Oil and Gas...

A recent Pennsylvania Environmental Hearing Board (“EHB”) decision may create uncertainty as to whether oil and gas well operators can or should appeal determination letters issued by the Department of Environmental...more

REGULATORY: Environmental: Does Sackett Add to the Enforcement Defense Toolbox For Energy Companies By Drew Bell, Chris Benson,...

In its highly anticipated decision in Sackett v. EPA[1], the Supreme Court unanimously held that landowners may bring a civil action under the Administrative Procedure Act (“APA”) to challenge an EPA compliance order issued...more

Maryland Governor signs new environmental bills

This week, Maryland Governor Martin O'Malley signed into law a number of important environmental bills that may require property owners, businesses and local governments to take additional compliance measures. The bills...more

The Water Act: Do You Understand Your Rights, Responsibilities And Risks?

Virtually all of us take our access to and use of fresh water for granted. However, water rights are, and should be, a significant concern for many Albertans. Those who reside or do business in rural areas, have a water well...more

Licensed to Bill: Sub-Metering in Condominiums

The famous Thomas Edison once said “I shall make electricity so cheap that only the rich can afford to burn candles”. While we are still very far away from seeing Mr. Edison’s statement come to fruition, the provincial...more

Green Building Update - December 7, 2011

In This Issue: Bill: lenders would use energy savings in home valuation; GREEN BUILDING FOCUS - Group files $1B tax initiative to fund green projects and Study: Energy, leasing, expenses impact sales prices. SCIenergy's...more

How recent oil and gas discoveries will impact Ohio businesses and landowners

It was announced recently that the Utica Shale formation in Ohio is not only a source of natural gas, but oil as well. New technological advancements — especially in horizontal drilling techniques and the hydraulic fracturing...more

Upstream Development Water Needs: Supply and Permitting Considerations

Introduction - Current Drought Conditions - State Water Planning Process - Oil & Gas Needs/Usage - Water Supply Regulatory & Permitting - Surface Water – Groundwater – Reuse Please see full presentation...more

Supreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases

On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company,...more

Green Building Update - August 24, 2011

In This Issue: Google's green building strategy; GREEN BUILDING FOCUS - USGBC tracks green building legislation; DOE adopts ASHRAE energy-efficiency standard; SF's 'green grade' could boost home values; U of W named...more

Pa. Senate Introduces Legislation Calling for Arbitration in Gas-well Disputes

An arbitration panel established for a little-used natural gas extraction process would be expanded to all natural-gas disputes in Pennsylvania under legislation recently introduced in the state Senate. The Pennsylvania...more

Phase-Out of Incandescent Light Bulbs Postponed

In 2007, the Canadian federal government announced that starting in January, 2012, incandescent light bulbs would be phased out in order to reduce energy consumption. Just recently, the government proposed an amendment to the...more

Big Florida Water Management Districts Changes Signed into Law by Governor Scott Yesterday

Yesterday, Florida Governor Rick Scott flew to West Palm Beach and signed Florida Senate Bill 2142 into law at the offices of the South Florida Water Management District, enacting big, big changes to Florida's five water...more

Green Building Newsletter - May 2011

In This Edition Law and Policy Updates: Compliance with Local Law 84, Phase One of a Greener, Greater New York City Mayor Bloomberg Announces New Green Lease Initiative Recent Articles and News Questions or...more

Washington’s Stricter Building Energy Code Withstands Legal Challenge

A federal court judge in Tacoma has ruled that revisions to Washington’s building energy code properly set energy efficiency standards for new residential construction in the state that are more strict than federal rules....more

Toch geen onverbindende NEN-normen: gaten in de bouwregelgeving (voorlopig) weer gedicht

In een eerdere e-newsletter bespraken wij het vonnis van de Rechtbank Den Haag van 31 december 2008, waarin deze oordeelde dat de NEN-normen waarnaar in het Bouwbesluit 2003 wordt verwezen onverbindend zijn omdat deze niet op...more

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