Construction Environmental

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California Coastal Act Takes Priority Over Housing Density Laws

Court Decision Provides Guidance for Affordable Housing Units within the Coastal Zone - The Second District Court of Appeal recently held that local agencies may be required to grant affordable housing density bonuses...more

Renewable Energy Update - October 2016

Renewable Energy Focus - Power companies join EIM to save money, integrate renewables - Solar Industry Magazine - Oct 4 - After months of intensive testing, Phoenix-based Arizona Public Service (APS) and...more

California Supreme Court Rules That Agencies—Not Courts—Determine Whether Modified Projects Are Subject to CEQA's Subsequent...

On September 19, the California Supreme Court held unanimously in Friends of the College of San Mateo Gardens v. San Mateo County Community College, that agencies—and not courts—must decide whether the "subsequent review"...more

California Supreme Court Addresses CEQA Supplemental Review; Rejects “New Project” Test

Recent decision resolves appellate split regarding standard of review for agency decision to prepare supplemental environmental review. On September 19, the California Supreme Court held that the substantial evidence...more

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit

“Enough already!” Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act (“CEQA”) decision?Friends of the College of...more

My Project Changed—Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance

Change is inevitable. Many times between project approval and project construction fluctuations in market conditions, financing terms or other factors mandate project changes. Do the changes require a further or modified...more

California Governor Extends CEQA Litigation Streamlining Provisions for Large Projects Promoting Job Creation and Innovative...

Law Will Expedite Schedules for Qualified Projects - On Friday, Gov. Jerry Brown signed into law a bill extending special California Environmental Quality Act litigation streamlining provisions for large,...more

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

Recycled Water and New Construction. New Standards Being Considered.

The second a series of stockholder meetings will be held on August 30, 2016 in Sacramento, California to consider proposed amendments to the state building code for the installation of recycled water systems for newly...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Pick Up the C-PACE – Montgomery County Opens its Commercial Property Assessed Clean Energy Program

Property Assessed Clean Energy (“PACE”) programs are being adopted throughout the country at a rapid pace. In 2014, Maryland enacted legislation authorizing local governments to establish PACE programs. Subsequently,...more

Sustainable Development Update - August 2016 #2

Sustainable Development Focus - Burgeoning green building materials market set to reach $255B by 2020 - Construction Dive - Aug 3 - The global green building materials market is on pace to hit $255 billion by...more

New Alternative for Widening 55 Freeway Reduces Right-of-Way Impacts

For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more

Pierce Atwood Environmental Regulatory Compliance Calendar

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

CEQ Instructs Federal Agencies to Consider Climate Change Impacts During NEPA Reviews

On August 2, 2016, the Council on Environmental Quality (CEQ) released a Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National...more

Public Works Slowdown Following Implementation of the New Italian Public Procurement Code

The Italian Government definitively approved Legislative Decree no. 50 in April this year, implementing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and European Council. The revised legislation...more

2016 Oklahoma Tax Legislation

Investment/New Jobs Credit, $25 Million Cap, 2016-2018. The income tax credit for investment in manufacturing facilities or increasing jobs was amended to provide that for tax years beginning on or after January 1, 2016, and...more

Energy Newsletter - June 2016

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

Corps Jurisdiction Determinations Reviewable

The U.S. Supreme Court ruled on May 31 in United States Army Corps of Engineers v. Hawkes Co., Inc. that final decisions by the Army Corps of Engineers (“Corps”) concerning the limits of its jurisdiction under the Clean Water...more

IRS modifies and extends continuity safe harbor, clarifies other guidance for production tax credit eligibility

The IRS has released Notice 2016-31, which extends and modifies the “continuity safe harbor” for purposes of the “begun construction” requirement applicable to the renewable electricity production tax credit (PTC) under §45...more

West Coast Real Estate Update: June 2016 #1

California Governor Proposes "Build By Right" Approval Process for Affordable Housing - Recognizing the extreme need throughout California for construction of new affordable housing units, on May 13, 2016, Gov. Jerry...more

EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

Ontario Releases Official Climate Change Action Plan

The Ontario government has officially released Ontario’s Five Year Climate Change Action Plan 2016-2020. The proposed Climate Change Action Plan was leaked three weeks ago and the officially released version is...more

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