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Energy & Utilities Commercial Real Estate

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Connecticut Makes Favorable Changes to its Commercial PACE Financing Program

On July 11, 2017, the Connecticut General Assembly enacted H.B. 7208 (“Revised C-PACE Statute”) to make several minor changes to the existing statute governing the State’s commercial property assessed clean energy (or...more

Not So Fast—Your Oil and Gas Lease Primary Term May Be Longer Than You Thought

by Blank Rome LLP on

Energy Industry Update - Action Item: Oil and gas leases in Pennsylvania may have a primary term longer than that stated in the lease. The Superior Court has recognized that an argument can be made that time for notice and...more

Sustainable Development Update - September 2017

by Allen Matkins on

Sustainable Development Focus - D.C. named world's first LEED Platinum city - WAMU - Aug 31 - The U.S. Green Building Council named Washington, D.C. the world's first LEED Platinum city last week, a...more

Informal Description Dooms Oil and Gas Leases

by Gray Reed & McGraw on

Conoco Phillips Company v. Ramirez et al is a helpful reminder when preparing a document transferring title: “Family vernacular” is a great way to communicate in wedding toasts and funeral eulogies, not so much in land...more

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

by Beveridge & Diamond PC on

Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

New South Wales Introduces Coal Mine Subsidence Compensation Scheme

by Jones Day on

Australian coal miners and landowners should prepare themselves for their roles in the new claims system. A fairer and quicker claims system is proposed....more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Sustainable Development Update - August 2017 #5

by Allen Matkins on

Sustainable Development Focus - Five million commercial customers could cut costs with energy storage - Renewable Energy World - Aug 25 - The U.S. Department of Energy’s National Renewable Energy Laboratory...more

Renewable Energy Update - August 2017 #3

by Allen Matkins on

Renewable Energy Focus - Solar trade case weighs whether protection will save or sink industry - Washington Post - Aug 15 - Two solar manufacturers are begging the federal government for help, arguing that...more

New Property Tax Exemption for All South Carolina Manufacturers

by McNair Law Firm, P.A. on

The South Carolina Infrastructure and Economic Development Reform Act, 2017 Act 40, was recently enacted and is designed to enhance South Carolina’s economic competitiveness. The Act, commonly referred to as the gas tax bill,...more

Strong Dissent Warns of “Devastating Economic Repercussions” of Second Circuit’s Decision in Oil & Gas Case

by Liskow & Lewis on

In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., the Louisiana Second Circuit upheld a trial court’s ruling that Wells Fargo, a mortgage lender with a security interest in a mineral lease, was solidarily liable with its...more

Sustainable Development Update - August 2017

by Allen Matkins on

Sustainable Development Focus - As renewable energy gains traction, seeing a bright future for on-site energy storage - Urban Land - Jul 31 - Commercial property owners are rethinking their skepticism toward...more

Sustainable Development Update - July 2017 #4

by Allen Matkins on

Sustainable Development Focus - Commercial office space green building on rise - Proud Green Building - Jul 21 - Green building in commercial office space continues to grow, according to a new CBRE study. The...more

Sustainable Development Update - July 2017 #2

by Allen Matkins on

Sustainable Development Focus - Chicago grabs lead in green office buildings, study shows - Bloomberg - Jul 6 - Chicago now has the highest percentage of certified LEED or Energy Star office buildings, 66...more

Sustainable Development Update - July 2017

by Allen Matkins on

Sustainable Development Focus - Sustainable design of communities dramatically reduces waste - Scientific American - Jun 26 - In the past decade, the construction and retrofitting of individual homes to reduce...more

ESOS – Lessons Learned and Looking to the Future

by Hogan Lovells on

Large businesses will remember the challenges of trying to comply with Phase I of the Energy Savings Opportunity Scheme (ESOS) in the run up to Christmas 2015. “Trying” was the operative word because “lead assessors” (who are...more

Oil & Gas Rights and CMBS Servicing—Transfer Considerations

Question: The borrower pledged oil and gas rights related to the collateral property to the lender. The borrower has notified the servicer that it would like to sell these oil and gas rights. Can the lender approve the lease...more

Understanding Mineral Rights and the Impact on the Value of Your Property

by Miles & Stockbridge P.C. on

The United States is one of a handful of countries in which private real property owners can hold and own subsurface mineral rights. In a majority of countries, only the government can own and benefit from these rights. ...more

Pennsylvania Superior Court Splits from Own Precedent and Allows Unilateral Oil and Gas Lease Severance in Montgomery

by Blank Rome LLP on

Action Item: Lessees of oil and gas leases in Pennsylvania who have been assigned or are assigning less than all of the geologic strata under lease should give careful attention to whether those leases have been severed...more

West Coast Real Estate Update - June 2017 #1

by Holland & Knight LLP on

Google's New Office Space Could Have Huge Impact on Downtown San Jose - San Jose is the largest city in California's Silicon Valley, yet some of the tech industry's largest employers maintain their biggest offices...more

Plain Language Prevails in Ohio: Oil and Gas Lease Remains Valid despite Failure to Pay Minimum Royalty Amount

by Blank Rome LLP on

Action Item: Oil and gas companies with leases in Ohio should review their lease language whenever challenged by a lessor as to lease validity. That language likely will determine the success of any claim. Ohio oil and gas...more

Some Will Always Have Paris: Withdrawal from the Climate Change Accord May Not Reduce the Heat on the Health Care Industry

President Trump’s decision earlier this month to withdraw the United States from the Paris Agreement—an international, nonbinding agreement to take steps to limit global temperature rise—followed a series of moves at the...more

Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken....more

Sustainable Development Update - June 2017 #3

by Allen Matkins on

Sustainable Development Focus - California and New York just sued to protect Obama’s final energy rules - Washington Post - Jun 14 - Eleven states, led by California and New York, have sued the Trump...more

Louisiana Second Circuit Finds Holder of Mortgage Encumbering a Mineral Lease Solidarily Liable with Mineral Lessees for Damages...

by Liskow & Lewis on

In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., the Louisiana Second Circuit upheld a trial court’s ruling that the holder of a security interest in mineral leases was solidarily liable for damages under the Louisiana...more

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