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EPA Issues Proposed Rule to Significantly Reduce Carbon Dioxide Emissions

Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings....more

NY Property Tax Exemption Extension for Renewable Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible...more

2014 Legislative Update: Environment, Growth Management and Water

CS/CS/CS/HB 325 amends statutory provisions relating to the brownfield program and modifies the procedures for establishing a brownfield area. The bill also authorizes the local government designating a brownfield area to use...more

Additional Guidance for California Energy Commission Nonresidential Building Energy Use Disclosure Program

The second phase of the California Energy Commission’s (CEC) Nonresidential Building Energy Use Disclosure Program takes effect on July 1, 2014 (the first phase took effect on January 1, 2014 and applies to nonresidential...more

SB 871 Bumps Back Repeal of Solar Energy Exclusion by Eight Years

Solar Energy Systems Will Continue to Be Excluded from Full Cash Value of Real Property - A new law extending the exclusion of solar energy systems from affecting the full cash value of real property for taxation...more

Contamination, Underwater Mortgages, and the IRWA Annual Education Conference

Along with my colleagues Brad Kuhn, Ben Rubin, and Katherine Contreras, I'm here in Hartford at the IRWA Annual Education Conference. It's been an interesting few days as we discuss eminent domain issues in the shadow of New...more

IRS Creates Narrow Distributed Generation Wind Opportunity for REITs

The IRS has opened the door a crack for real estate investment trusts (REITs) to be the lessors of wind projects. To qualify as a REIT, a corporation must satisfy a series of complicated tests that require the...more

Underground Drilling: Consultation on Proposal for Underground Access for the Extraction of Gas, Oil or Geothermal Energy

The UK government are currently inviting responses to the consultation paper issued in May into their proposals to introduce a statutory right of access to underground land (at a depth of 300 metres or below) in England in...more

You Decide: Green Globes v. LEED

The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for federal government construction projects. With this addition, many are now asking about...more

Mainebiz Real Estate Insider – Romancing the Stone: Will Shale Gas Extraction Sneak Under Maine’s Feet?

From 2001 to 2011, over a million leases were signed by American landowners that permit energy companies to drill for oil and natural gas on private lands. These leases burden land in states determined to have economically...more

Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person

In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San...more

Minnesota Brownfields Soil Reuse Study Identifies Significant Cost-Saving and Carbon Reduction Opportunities

Stoel Rives environmental analyst Steve Heurung was among the co-authors of a Minnesota Brownfields report commissioned by Hennepin County to evaluate the potential for cost savings associated with the off-site reuse of soil...more

2014 Maryland General Assembly Passes Bills Affecting Construction Industry

A number of bills were passed during the Maryland General Assembly’s 2014 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain key...more

Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue: - Solar Sites - The Proposed Regulations - Intangible Assets - Distinct Assets - Examples in the Proposed Regulations - Effective Date - Excerpt from Solar Sites: A key...more

Proposed Regulations Address REIT Investments in Solar Facilities

The Internal Revenue Service and the U.S. Department of the Treasury recently issued proposed regulations that may facilitate using real estate investment trusts (REITs) as vehicles for financing certain renewable energy...more

Rumors of the Death of “Title Washing” Are Greatly Exaggerated

On May 9, 2014, the Pennsylvania Superior Court reinvigorated a practice in Pennsylvania known as “title washing,” which has gained importance in recent years due to the development of the Marcellus Shale. Herder Spring...more

Proposed Regulations Clarify the Definition of “Real Property” Under the REIT Rules

On May 14, 2014, the Treasury Department published proposed regulations (the “Proposed Regulations”) clarifying the definition of “real property” under the real estate investment trust (“REIT”) rules. The issuance of the...more

IRS Proposes Guidance on Real Property Definition for REIT Purposes

Proposed regulations establish analytical framework for determining whether assets qualify as real property for purposes of the REIT rules. On May 14, 2014, the Internal Revenue Service (IRS) published in the Federal...more

Condition Precedent Sinks Chesapeake

A condition precedent was the issue in Preston Exploration Company, et al v. Chesapeake Energy Corporation. This opinion was the result of the parties’ second visit to the federal Fifth Circuit Court of Appeals. In the first...more

Proposed Rules Would Offer REIT Status to Certain Solar Assets

The modified “flow-through” tax treatment afforded to REITs depends on the entity’s ability to meet certain asset and income-based tests, all of which in turn key off of the definition of “real estate.” ...more

Proposed Regulations Provide Greater Certainty on the REIT Classification of Solar and Other Non-Traditional Assets

The Internal Revenue Service (the “IRS”) and Treasury Department have proposed regulations (the “Proposed Regulations”) under Section 856 of the Internal Revenue Code providing guidance for analyzing whether non-traditional...more

Housing Authorities, is on-site solar power right for you?

In a recent magazine article, I listed several criteria for evaluating whether the time is right for installing on-site solar power projects on commercial real estate properties. A number of housing authorities, including the...more

Welcome Guidance on the Definition of Real Property for REITs Proposed by IRS

On May 9, 2014, the Department of Treasury and the Internal Revenue Service (the "IRS") released proposed regulations (the "Proposed Regulations") revising and clarifying the definition of real property for the purposes of...more

Proposed IRS Rule Could Allow Solar Energy REITs

President Obama announced on Friday several executive actions to advance clean energy. Among them, the Internal Revenue Service (IRS) will publish new regulations on May 14th clarifying that certain solar generating assets...more

Treasury Proposes REIT Solar Regulations but Excludes Most Common Transactions

On the same day as President Obama’s speech championing solar, the Department of the Treasury proposed regulations defining “real estate assets” for purposes of the definition of a real estate investment trust (REIT). The...more

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