Commercial Law & Contracts, Commercial Real Estate, Energy & Utilities Law

Energy Usage Disclosure Finally Going On-Line

by Lisa Stalteri | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/17/2013

As of July 1, 2013, California Public Resources Code §25402.10 requires the owner of a non-residential building with a total gross floor area of 50,000 square feet or more in the event of a sale, lease or finance of the...more

California Energy Commission Amends Nonresidential Building Energy Disclosure Regulations

by Kirsten Day, Teresa Jacobs | Perkins Coie on 5/10/2013

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use...more

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

Part I – How will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 4/29/2013

By October 1, 2013, the North Carolina Mining and Energy Commission (“N.C. MEC”) must report its findings and recommendations for hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental...more

New California Landlord Disclosure Requirements Effective July 1

by David Barksdale, Gary York | Ballard Spahr LLP on 4/24/2013

Two new landlord disclosure requirements become effective in California on July 1, 2013. One requires that all new commercial leases state whether the property has been inspected for disability access—and if so, the results....more

California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1,...

by Matthew Fogt, Emily L. Murray, Heather Riley | Allen Matkins Leck Gamble Mallory & Natsis... on 4/23/2013

Beginning, July 1, 2013, all California commercial buildings with a total gross floor area of more than 50,000 square feet are required to disclose the building's energy usage in advance of any sale, lease, or financing of...more

Earth Matters - April 2013: Making Solar Power More Affordable for New Yorkers

by Donald Ross | Phillips Lytle LLP on 4/22/2013

New York State continues to be a national leader in renewable energy initiatives, particularly in encouraging practical, everyday applications of solar power. Recently, Governor Andrew Cuomo, as part of his ongoing “NY-Sun”...more

New Commercial Property Disclosure Requirements

by Hopkins & Carley on 4/16/2013

A recent statute and set of regulations will shortly begin to impose new disclosure requirements on commercial landlords, property sellers, and borrowers in California for leases, purchases, and financings entered into on or...more

Legal Update: New Legally Required Disclosures

by Xavier Gutierrez | Miller Starr Regalia on 3/12/2013

Starting July 1, 2013, you will be legally required to make the following additional disclosures in certain California real estate contracts and leases: Accessibility Compliance Disclosure: California Civil...more

Oil and Gas Leasing and Development: A Real Estate Lending Perspective

by Steven Regan | Reed Smith on 1/3/2013

The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development...more

New Reliability Compliance Opportunities in 2013

by Daniel Frank, Alison Graab, Meghan R. Gruebner, Alexandra Konieczny, Jennifer Kubicek | Sutherland Asbill & Brennan LLP on 1/2/2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands

by Christopher P. Colyer, Craig R. McPike, Mark D. Ohre, Heidi McNeil Staudenmaier, James M. Susa, Joyce K. Wright | Snell & Wilmer L.L.P. on 12/10/2012

New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands....more

Office Leasing for Nonprofits: Mastering the Key Issues

by Venable LLP on 11/13/2012

In this presentation: Types of Leases - The Leasing Process - Principal Financial Terms of Leases: - Options to Terminate, Renew and Expand - Real Estate Tax Payments - Operating Expense Payments ...more

The Fine Print of Natural Gas Property Rights: Cautionary Lessons from Western Ohio and New York

by McDermott Will & Emery on 11/7/2012

Much of the discussion about hydraulic fracturing has focused on the environmental, health and other community risks allegedly posed by the process. While these perceived risks have taken center stage in the media,...more

Power Purchase Agreements: Tips and Tricks Part 2

by Peter Bauman - Senior Associate at Tharpe &... on 11/1/2012

In Part 1 of this series we introduced you to Power Purchasing Agreements (PPA’s), which are contracts for purchasing electricity generated by a power plant that take advantage of federal tax incentives to lower electricity...more

Earth Matters - October 2012

by Morgan Graham, Kevin Hogan, Susan Marriott, Inshirah Muhammad, Thomas Puchner, Adam Walters | Phillips Lytle LLP on 11/1/2012

In This Issue: - Updated Siting Process for Power Plants in New York - Sustainability in Leasing Series – Part I: The Green Rider - Sustainability in Leasing Series – Part II: The Green Lease Policy Statement &...more

New State Bill Aims To Make Solar Power A Reality For Renters

by Robert Freedman - Partner at Tharpe & Howell,... on 10/19/2012

Homeowners and renters in California may soon be able to access solar or other renewable energy from community based self-generation programs as an alternative to the power grids offered by the state’s three major public...more

Ensuring Service Interruption Coverage

by Zelle Hofmann Voelbel & Mason LLP on 9/20/2012

Originally published in Insurance Law360 on September 18, 2012. By many estimates, some 670 million people, or almost 10 percent of the world’s population, lost power during the recent electrical outage in India....more

Recent Pennsylvania Cases Clarify Rights of Surface Estate Owners: Liquid Waste Disposal and Extension of Term

by Saul Ewing LLP on 8/17/2012

Lessees and owners of mineral interests should take note of two recent Pennsylvania cases decided in favor of the surface estate owners. On July 25, 2012, the U.S. District Court for the Middle District of Pennsylvania, in a...more

Is Production Required to Maintain Flat-Rate Royalty Oil and Gas Leases in Pennsylvania? It Depends...

by K&L Gates LLP on 8/8/2012

In Heasley v. KSM Energy, Inc. the Pennsylvania Superior Court recently affirmed a trial court’s decision reiterating the distinction between those flat-rate royalty oil and gas leases which are dependent on production of oil...more

Interpreting Oil and Gas Leases in Pa.'s Shale Gas Era

by K&L Gates LLP on 8/2/2012

Originally published in the July 31, 2012 issue of The Legal Intelligencer. © 2012 ALM Media Properties, LLC. An oil and gas lease is the fundamental document through which a producer obtains rights to explore for and...more

CLIENT ALERT: Mandatory Disclosure of Past Energy Use when Selling, Leasing or Financing Property in California

by Jeffrey Wutzke | Lewis and Roca LLP on 7/17/2012

California has instituted a new and unusual requirement that obligates virtually all commercial landowners to disclose a property’s past energy use to potential buyers, tenants and lenders. Any person or company owning...more

TRANSACTIONAL: Transactions: Mitigating Expropriation Risk of Natural Gas Projects by Philip R. Weems and Matt Salo

by King & Spalding on 7/3/2012

The International energy companies often find the most attractive oil and gas prospects to be located in countries where the risk of expropriation, whether full or partial, looms on the horizon. Although the epicenter of...more

Pa. Supreme Court Endorses Subjective Test in Jedlicka

by Spilman Thomas & Battle, PLLC on 4/30/2012

On March 26, 2012, in T.W. Phillips v. Jedlicka, the Pennsylvania Supreme Court affirmed the test for determining whether an oil and gas lease has produced in paying quantities depends on the operator’s good faith judgment...more

K&L Gates Represents Oil and Gas Producers in Major Pennsylvania Supreme Court Victory

by K&L Gates LLP on 4/4/2012

On March 26, 2012, the Pennsylvania Supreme Court issued its long-awaited decision in T.W. Phillips Gas & Oil Co. v. Jedlicka, ___ A.3d ___, Docket No. 19 WAP 2009 (Pa. March 26, 2012). In a major victory for Pennsylvania’s...more

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Commercial Law & Contracts › Commercial Real Estate › Energy & Utilities Law