Environmental Law

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

News & Analysis as of May 23, 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

New Energy Reporting Regulations Are on the Horizon for Philadelphia Commercial Building Owners

by Matthew McClure, Richard Slavin | Ballard Spahr LLP on 5/21/2013

Commercial building owners in Philadelphia should be aware that in the coming weeks, the Mayor’s Office of Sustainability will issue proposed regulations to implement the City’s recently enacted energy and water reporting...more

The Department of Energy Establishes Uniform Protocols for Determining Energy Efficiency Savings

by Mintz Levin - Energy & Clean Technology on 5/20/2013

The Department of Energy has just published a new series of protocols for calculating the savings from energy efficiency upgrades in homes, commercial buildings, and industrial facilities. Although voluntary, the new...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...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

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

by Roberto Garcia | Pillsbury Winthrop Shaw Pittman LLP on 5/6/2013

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater...more

BLM Issues Right-of-Way Application Rule In An Effort To Spark Renewable Energy Development

by Ben Rubin | Nossaman LLP on 5/1/2013

As reported earlier today by a number of news outlets (see for example this KCET article by Chris Clarke), the Bureau of Land Management ("BLM") will be issuing a Final Rule to facilitate right-of-way applications for lands...more

Overriding Interest - Spring 2013

by Steven D. Cox, Bonny Hedderly, Rupeena Purewal | K&L Gates LLP on 4/24/2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors...more

EPA Issues Long-Awaited Vapor Intrusion Guidance for Public Comment

by John Gregory | Farella Braun + Martel LLP on 4/23/2013

More than ten years after issuing draft guidance regarding the increasingly significant subject of vapor intrusion (VI), the U.S. Environmental Protection Agency (EPA) has just released for public comment drafts of two...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

Watt’s New? Michigan Energy Newsletter - March 2013

by Laura Chappelle, Matthew B. Eugster, Bruce Goodman, Randall Kraker, Timothy J. Lundgren, Toni Newell, David Preston, Jack Sage, Eric Schneidewind, Matthew Zimmerman | Varnum LLP on 4/9/2013

In This Issue: - Highlights of MPSC Annual Report - Good Neighbor Fund Payments Made - Coal Plants Sued for Pollution Exceedances - Pure Michigan Solar Panel - New Grant for Efforts to Remove Barriers to...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

Maine DEP Publishes Revised Remedial Action Guidelines On Hazardous Substances For Comment

by Thomas Doyle, Kenneth Gray, Dixon P. Pike | Pierce Atwood LLP on 3/18/2013

The Remedial Action Guidelines (RAGs) are useful – if conservative – default cleanup guidelines used by the Maine Department of Environmental Protection (DEP). DEP proposed changes in 2012, and has just proposed changes...more

CEQA: Reforming California's Landmark Environmental Law

by Michelle Ouellette | Best Best & Krieger LLP on 3/5/2013

California has always been on the cutting edge when it comes to environmental protection. Nowhere is this more apparent than in the adoption and implementation of the California Environmental Quality Act, frequently referred...more

Without any night light, will France save energy or fall asleep?

by Stéphane Illouz | Reed Smith on 3/1/2013

As of 12 July 2013, and applicable to all buildings that are used for professional activities, the lights will need to be switched off after working hours....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

Green Building Update -- February 21, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 2/22/2013

In This Issue: Green Building Focus - GSA may abandon LEED certification; Green roof on California university dorm; CA nonresidential energy use disclosure rules take effect; Boston Properties acquires 535 Mission...more

Real Estate Tip – LEED Certification and Energy Efficiency Part 1

by Richard Smith | Bernstein Shur on 2/14/2013

A commercial tenant may expect lower than normal energy costs when considering a green building, but lower energy costs are not guaranteed. The U.S. Green Building Council’s Leadership in Energy and Environmental Design’s new...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

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 2/8/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

by Tad Macfarlan, David Overstreet, Bryan Rohm, Craig Wilson | K&L Gates LLP on 1/24/2013

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

Bilzin Sumberg Baena Price & Axelrod LLP

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