Commercial Real Estate Energy & Utilities

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New California Energy Use Disclosure Program for Commercial and Multifamily Buildings Approved

Current Disclosure Requirements for Building Owners and Tenants Repealed - A complicated energy reporting requirement for owners and tenants of commercial and multifamily buildings is ending under a new law that takes...more

Pennsylvania Superior Court Affirms Striking of 24-Year-Old Default Judgment, and Holds That Leasing Is Not Enough to Claim...

The development of the Marcellus Shale in Pennsylvania has led to a number of disputes about historical judgments that purportedly divested reserved oil and gas rights from their owners. During the 20th century, surface...more

Are Recorded Oil and Gas Leases Title Transactions Under Ohio’s Dormant Mineral Act?

In a decision issued November 5, 2015 in the matter of Chesapeake Exploration, L.L.C. v. Buell, the Ohio Supreme Court ruled that a recorded oil and gas lease is a title transaction under Ohio’s Dormant Mineral Act (“ODMA”),...more

Ohio Supreme Court Issues Second Key Decision Interpreting Dormant Mineral Act

On November 5, 2015, in Chesapeake Exploration, L.L.C., et al. v. Kenneth Buell, et al., 2015-Ohio-4551, the Ohio Supreme Court issued its second decision interpreting Ohio’s Dormant Mineral Act (the “ODMA”). The ODMA is a...more

Renewable Energy Developers ? Beware of your Land Options

Four Arrows Investments 68 v Abigail Construction (20470/2014) [2015] ZASCA 121 - In a recent judgment the Supreme Court of Appeal held that any sale of a portion of agricultural land, whether conditional or not, shall...more

Administration Announces New Mitigation Policies

This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

Governor Brown Signs Legislation Changing Commercial Building Owner Obligations on Energy Usage Disclosure

On October 8, 2015, California Governor Jerry Brown signed into law AB 802, which among other actions repeals the existing nonresidential building energy usage disclosure requirements. The prior law, AB 1103, codified in the...more

California Mandatory Nonresidential Building Energy Use Disclosures Revisited

The goal of the California Global Warming Solutions Act of 2006 is to reduce greenhouse gas emissions in California by 2020 to the emission levels of 1990. At the time of enactment California was the second largest greenhouse...more

New Legislation (AB 802) To Replace Existing Energy Use Disclosure Law (AB 1103)

On Thursday, October 8, 2015, Governor Jerry Brown signed into law Assembly Bill 802 (AB 802). AB 802 creates a new energy use disclosure program for the State of California, and replaces the existing law, Assembly Bill 1103...more

Massachusetts State Building Code Update: 9th Edition Anticipated to be Issued without Concurrency Period

The Massachusetts State Board of Building Regulations and Standards (the “State Board”) has announced that it expects to issue the 9th Edition of the Massachusetts State Building Code in the first half of 2016, which will...more

The Louisiana Right of Passage Discussed

Spoiler alert: Don’t expect a post about a weekend of Mardi Gras debauchery. The owner of a landlocked tract can demand a right of passage over his neighbor’s property to the nearest public road. Does the law require the...more

Selected Drafting Issues In Midstream Contracts

I will share a small secret – or perhaps, it is not a secret at all. As CLE presentations go, “drafting tip” presentations tend to be very practical in their orientation and are, therefore, more enjoyable and less stressful...more

Intruder Alert – EPA Issues Final Technical Guidance on Vapor Intrusion

This summer, EPA issued two, long-awaited final technical guides for assessing and mitigating the intrusion of hazardous vapors from subsurface contamination into overlying buildings. EPA’s issuance of these technical guides...more

A Busy Summer for Environmental and Land Use Law

In the past three months, we have witnessed a breathtaking series of decisions from the U.S. Supreme Court, the Connecticut Supreme Court, and the California Supreme Court that have provided important rulings and...more

Arizona Rooftop Solar Regulations Highlight Distributed Generation Debate

Sunny Arizona is again in the middle of a nationwide debate between solar companies and utilities. Legislation adopted in March 2015, and which goes into effect on January 1, 2016, mandate certain disclosures and formats for...more

Pennsylvania Superior Court: Separate Consideration for Operated and Unoperated Acres Does Not Render an Oil and Gas Lease...

The recent boom in natural gas production in the Appalachian Basin has led to a concomitant boom in litigation, as landowners who are lessors in long-standing oil and gas leases seek declarations that the leases are no longer...more

Construction and Engineering Toolkit: Insuring Existing Buildings in Which and Next to Which Construction Work is to Take Place

This construction guide covers: -JCT contracts in real estate development -Minimum energy standards for letting buildings -Construction work adjacent to existing structures -Insuring the existing...more

Where There Is A Well There Is A Way - Out Tract Title Issues Regarding Horizontal Wells

Oh for the days of simplicity when a wellbore tract meant just that—a piece of property upon which a well has been located, drilled, and touched down all within the same tract. Vertical wells were so simple for title...more

Supreme Court of Kentucky Provides Guidance on Deduction of Post-Production Costs

On August 20, 2015, the Supreme Court of Kentucky published two opinions addressing questions about the propriety of deduction of certain post-production costs from royalty payments under an oil and gas lease. In Baker v....more

Block Island offshore wind celebrated, challenged

U.S. and Rhode Island officials recently celebrated the start of construction on the Block Island Wind Farm, which is on track to be the first commercial offshore wind farm in the U.S. The five-turbine, 30-megawatt project...more

MoFo New York Tax Insights - Volume 6, Issue 8 - August 2015

Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities - Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more

Energy Newsletter - August 2015

Falling Oil Prices Are Not the Only Deterrent to Investment in Mexico's Oil Fields - On July 15, Mexico auctioned 14 shallow-water exploration blocks. The auction marked the first time in nearly eight decades that...more

Energy Efficiency Through Innovative Financing

Do your energy costs keep you up at night? Do aging systems keep your utility spend high while other needs draw scarce capital resources? You are not alone. Major HVAC, lighting and other upgrades can be capital intensive...more

Texas Supreme Court Clarifies When Parties to an Oil and Gas Lease May Allocate Post-Production Costs by Agreement

The Texas Supreme Court recently decided Chesapeake Exploration, L.L.C. v. Hyder, providing a notable win for royalty interest holders. In a close 5-4 decision, the Texas Supreme Court held that Chesapeake had improperly...more

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