Construction Law, Residential Real Estate, Environmental Law

D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards

by Amy L. Edwards | Holland & Knight LLP on 5/15/2013

For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment...more

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Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...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

Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information

by William R. Devine | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

The recent California appellate court decision in Concerned Dublin Citizens v. City of Dublin, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2013, upheld a City's affirmation that residential developments are exempt...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

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

Stormwater Permitting For Tennessee Projects

by Darlene Marsh | Burr & Forman on 2/15/2013

In Tennessee, permits under the state’s National Pollutant Discharge Elimination System program are required for construction sites and related support activities to avoid pollution from stormwater runoff. Specifically, a...more

New Jersey Adopts FEMA Flood Maps; DEP Releases FAQs on the Stringent Requirements for Rebuilding Along the Shore

by Joanna Slusarz | Cole Schotz on 2/8/2013

On January 24, 2013, Governor Chris Christie adopted the advisory flood maps released last December by the Federal Emergency Management Agency, which establish new, tougher standards for rebuilding along the Jersey Shore,...more

Supreme Court Sets Aside Land Use Plan EIR For Failure To Adequately Assess Long-Term Water Supplies Decision Clarifies Principles...

by Kronick, Moskovitz, Tiedemann & Girard on 2/5/2013

The California Supreme Court on February 1, 2007, issued a long-awaited decision concerning assessment of water supplies during California Environmental Quality Act (“CEQA”) review of proposed land-use plans....more

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

by Jeffrey L. Massey, Eric Robinson, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 1/23/2013

In a case demonstrating the importance of a well-crafted statement of objectives, the appellate court held that a city erred in certifying a final environmental impact report (“EIR”) and approving a project because the EIR...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

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

Fiscal Cliff Bill Extends Home Energy Efficiency Tax Credits for Businesses and Homeowners

by Shari Shapiro | Cozen O'Connor on 1/7/2013

On January 1, 2013, the U.S. Congress passed last minute legislation known as the American Taxpayer Relief Act of 2012 to avoid automatic increases in income taxes for millions of Americans, as well as draconian cuts to the...more

Will Climate Change Considerations Affect Rebuilding After Sandy? The Short Answer is Yes.

by McCarter & English: Climate Change &... on 11/28/2012

West Virginia today and Virginia yesterday became the seventh and eighth states to obtain the benefits of a federal Major Disaster Declaration in connection with Superstorm Sandy. They follow New Jersey, New York,...more

Development Project EIR Set Aside Due To Inadequate Water Supply Assessment, Deferred Mitigation

by Kronick, Moskovitz, Tiedemann & Girard on 10/26/2012

In Preserve Wild Santee et al. v. City of Santee et al. (--- Cal.App.4th ---, Fourth Appellate District Case No. D055215 [October 19, 2012]), the Court of Appeal for California’s Fourth Appellate District held that the...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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Construction Law › Residential Real Estate › Environmental Law

D.C. Seeks to Finalize Rules Aimed at Preventing and Eliminating Lead Hazards

Vapor Intrusion Developments

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

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

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information

Changes in TPDES General Construction Permit Require Endangered Species Act Consideration

Green Building Update -- March 29, 2013

Real Estate Tip: LEED Certification and Energy Efficiency Part 2

Smart Contracting For Green Design And Construction

CEQA Update: Some Good News for Developers

Stormwater Permitting For Tennessee Projects

New Jersey Adopts FEMA Flood Maps; DEP Releases FAQs on the Stringent Requirements for Rebuilding Along the Shore

Supreme Court Sets Aside Land Use Plan EIR For Failure To Adequately Assess Long-Term Water Supplies Decision Clarifies Principles...

City Erred In Certifying Environmental Impact Report That Misdescribed Project’s Objectives

Green Building Update -- January 17, 2013

Green Building Newsletter -- January 10, 2013

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

Fiscal Cliff Bill Extends Home Energy Efficiency Tax Credits for Businesses and Homeowners

Will Climate Change Considerations Affect Rebuilding After Sandy? The Short Answer is Yes.

Development Project EIR Set Aside Due To Inadequate Water Supply Assessment, Deferred Mitigation

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

Development Project EIR Set Aside Due To Inadequate Water Supply Assessment, Deferred Mitigation

NJ Governor Signs Legislation Extending NJ Permit Extension Act Protection Period

Is CEQA "Fixed"- Do Infill CEQA Reforms Help Or Handicap Your Project?

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