Environmental Law

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

Vapor Intrusion Developments

by Martin Booher, Maureen Brennan | BakerHostetler on 5/13/2013

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Towards Not Reinventing The CEQA Wheel: Resources Agency Adopts New CEQA Guidelines For Streamlined Review of Urban Infill...

by Arthur F. Coon, Matthew Henderson | Miller Starr Regalia on 5/9/2013

Repetitive CEQA review and analysis is expensive, unnecessary, unproductive, and inimical to the goals of certainty and finality in the environmental review process. In 2011, to address these concerns in the infill...more

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

by Barbara Casey, Ronald Varnum, Harry Weiss | Ballard Spahr LLP on 5/7/2013

The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by...more

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

by Kimberly Barnashuk, Adam Walters | Phillips Lytle LLP on 4/26/2013

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

Changes in TPDES General Construction Permit Require Endangered Species Act Consideration

by Alan Glen, Brooke Wahlberg | Sedgwick LLP on 4/9/2013

On February 19, 2013, the Texas Commission on Environmental Quality (TCEQ) issued a revised Texas Pollution Discharge Elimination System (TPDES) Construction General Permit TXR150000 (Permit). This new Permit, effective...more

Green Building Update -- March 29, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 4/1/2013

In This Issue: Green Building Focus - Father of LEED offers insight into rating system; AltBuild Expo coming to Santa Monica; Los Angeles to promote adoption of "cool roof" technology; PA bundles residential energy...more

Real Estate Tip: LEED Certification and Energy Efficiency Part 2

by Richard Smith | Bernstein Shur on 3/1/2013

In our last real estate tip, we reminded energy-conscious tenants that some rental spaces may have obtained LEED certification with few, if any, energy-efficiency points. If the owner built with energy efficiency in mind, ask...more

Smart Contracting For Green Design And Construction

by Joyce Hackenbrach | Pepper Hamilton LLP on 2/25/2013

Originally published in Green Building News, February 20, 2013. Successful green building requires more planning and, preferably, a greater degree of integration in overall project delivery, than building without green...more

What Does Sandy Foretell for New Jersey’s Coastal Regions?

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 2/19/2013

I found this column by Paul Mulshine in The Star Ledger interesting. "It’s no day at the beach for the enviro-puritans" - Putting politics aside, what does Sandy foretell for New Jersey’s coastal regions? Does it...more

CEQA Update: Some Good News for Developers

by Hopkins & Carley on 2/18/2013

As compliance with the California Environmental Quality Act (“CEQA”) has grown increasingly more burdensome, costly and litigious over the past decade or so, 2012 brought some tangible good news. ...more

BPU Continues to Evaluate Incentive Programs for Solar Projects on Landfills and Brownfields

by Hesser McBride | Wilentz, Goldman & Spitzer P.A. on 2/14/2013

On July 23, 2012, L. 2012, c. 24 (the “Solar Act”) was signed into law by Governor Christie. The Solar Act, among other things, requires the New Jersey Board of Utilities (“BPU”) in consultation with the New Jersey...more

NJDEP Posts Frequently Asked Questions Concerning The New Post-Sandy Flood Elevation Standards

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 2/5/2013

The New Jersey Department of Environmental Protection has released a set of FAQs to help answer some of the most common questions regarding the standards of elevating houses and buildings Post-Sandy, and will help you...more

Governor Christie Signs Emergency Regulations To Adopt FEMA’s ABFEs Maps

by Jeffrey Cappola | Wilentz, Goldman & Spitzer P.A. on 1/25/2013

Yesterday (January 24), Governor Christie announced he was signing emergency regulations to adopt FEMA’s new Advisory Base Flood Elevation (ABFE) maps as the post-Sandy rebuilding standard...more

Green Building Update -- January 17, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 1/18/2013

In This Issue: Green Building Focus - LEED hotel brand undertakes $1B funding plan; Energy benchmarking - a $9 billion savings plan; Top honors for sustainable landscape design; World's greenest office building to open...more

Green Building Newsletter -- January 10, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 1/14/2013

In This Issue: Green Building Focus - Can white roofs increase global warming?; Some older buildings greener than LEED-certified properties; Microsoft moves to LEED Gold-certified 11 Times Square; Green building...more

Long Branch Advances New Flood Plan

by Larry Jacobs | Wilentz, Goldman & Spitzer P.A. on 1/14/2013

The issuance of FEMA‘s advisory maps are already having a profound impact on development and redevelopment in the wake of Hurricane Sandy. As Long Branch moves to adopt FEMA‘s new advisory maps, other municipalities and...more

The Old Defeats the New (Usefulness of LEED?) (News Note)

by Melissa Dewey Brumback on 1/10/2013

Last week, I mentioned the renewal of the tax credits for wind energy. Another report which came across my desk recently is one from SustainableBusiness.com, in which it is reported that some (although certainly not all) of...more

Don't Miss the December 31, 2012 Deadline for a Two-Year Extension Under House Bill 503

by Valerie Hubbard | Akerman Senterfitt on 12/7/2012

There have been a multitude of development approval extensions available over the past few years. The deadlines for taking advantage of most of these opportunities have passed. The deadline for exercising the remaining...more

Rebuilding After Hurricane Sandy

by Stephen Barcan, Jeffrey Cappola | Wilentz, Goldman & Spitzer P.A. on 12/3/2012

The Wilentz Law Firm extends its sympathy to those who were impacted by Hurricane Sandy. As our government and communities move into the rebuilding phase, we offer the following summary that provides information with regard...more

Opportunities and Risks in Green Buildings -- Be careful not to overstate certifications and other environmental achievements

by Lane Powell PC - Environmental Law on 11/9/2012

Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more

Recommendations For Complying With Ballona Wetlands’ Definitive Rejection Of “Converse-CEQA” Analysis

by Jennifer L. Hernandez, Chelsea MacLean | Holland & Knight LLP on 11/1/2012

On March 21, 2012, the California Supreme Court denied the petition for review and requests for depublication of the Second District Court of Appeal’s opinion in Ballona Wetlands Land Trust et al. v. City of Los Angeles...more

Sustainability in Leasing Series — Part II: The Green Lease Policy Statement & Practical Solutions to Implementing Green Goals

by Inshirah Muhammad | Phillips Lytle LLP on 10/26/2012

An operational policy document drafted by key company officers, a Green Lease Policy Statement should define the company’s long and short term sustainability goals as they relate to its owned and leased locations and set out...more

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