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Enforcement of Municipal Stormwater Ordinances Is Tricky Business: Failure to Enforce an Ordinance Required Under a Permit Is Not...

Stormwater pollution has become an increasingly important problem. Part of the difficulty in solving it is that it’s not obvious who should be responsible. Should cash-strapped municipalities be on the hook or should it be...more

It's Final—State Water Board Adopts New Industrial General Permit for Storm Water Discharges

On April 1, 2014, the California State Water Resources Control Board (State Water Board) unanimously adopted a new National Pollutant Discharge Elimination System (NPDES) Permit for the Discharge of Storm Water Associated...more

Extension of Eight Valuable As-of-Right Incentive Programs Included in New York State's Budget Bill

New laws may benefit developers and businesses with applications long pending and for future applicants that depend on these incentive programs to help induce investment and economic growth in the New York City. These...more

City Fails to Adequately Mitigate "Urban Decay" and Energy Impacts of Big Box Retail Project

In the latest decision addressing challenges to "big box" projects under the California Environmental Quality Act ("CEQA"), on February 28, 2014, the California Court of Appeal invalidated the approval of a retail project in...more

CEQA Alert: Court of Appeal Addresses Inadequate Blight/Urban Decay Mitigation and Energy Impact Analyses

In California Clean Energy Committee v. City of Woodland (opinion filed 2/28/14; partial publication ordered 4/1/14), the Third Appellate District ruled that the City of Woodland violated the California Environmental Quality...more

California’s New Building Energy Efficiency Standards to Go Into Effect July 1, 2014

California builders should be aware of a new set of energy efficiency standards set to go into effect on July 1, 2014. The California Energy Commission’s Energy Efficiency Standards (Standards) were promulgated in 1977 to...more

Mainebiz Real Estate Insider – The Winds of Change: Maine’s Transitioning Forest Products Industry

Maine’s economy has faced a difficult transition. Gone are the days of robust and stable economic growth based on our abundance of tangible natural resources. In weathering the consequences of the electronics age for our pulp...more

Developing Renewable Energy Projects on Brownfields: Mitigating Enivronmental Risks & Liabilities

“Greenfield” utility-scale renewable energy projects have generated both considerable praise and criticism. Government agencies and the public generally applaud efforts to generate renewable energy, while at the same time,...more

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

House Passes Energy Efficiency Bill

On March 5, 2014, the House of Representatives passed H.R. 2126, the “Energy Efficiency Improvement Act of 2014.” The bill was co-sponsored by Representatives David McKinley (R-W.Va.) and Peter Welch (D-Vt.). The bill...more

“Houston, We May Have a Problem!” — Surface Owner Who Put up “Roadblock” to Oil Driller’s Use of Property to Service Wells in a...

The Texas Supreme Court’s anticipated ruling in the case of Key Operating Equipment Inc. v. Will Hegar and Loree Hegar could significantly impact the ability of oil and gas producers to gain access to wells that are part of...more

Was The Royalty Reservation “Floating” Or “Fixed”?

The question in Graham v. Prochaska: Did the grantors in a 1950 Texas warranty deed reserve a “floating” 1/2 royalty interest or a “fixed” 1/16th royalty?...more

California Building Energy Efficiency Standards Delayed to July 1, 2014

The California Contractors State License Board (“CSLB”) has issued an Industry Bulletin providing further information regarding the delayed implementation of the California Building Energy Efficiency Standards which has been...more

PA Tax Law News - February 2014

In This Issue: PA Governor's Budget Proposal Preserves Capital Stock/Franchise Tax Phase-out; Shopping Guides and Inserts; Documentation Requirements for Sales of Fuel Oil; Property Tax Notes; and PA Issues on Appeal -...more

Mineral Matters - Winter 2014

Introduction - Welcome to the latest edition of Minerals Matters and a slightly belated Happy New Year to you all. No doubt as you read this the holiday season seems a long time ago, but hopefully you had the oppor...more

Shale Gas in the UK: a year in review (a regulatory and policy update)

Introduction - Shale gas exploration is now featuring in the news headlines in the UK on an almost daily basis. The positions of those for and against extraction of unconventional gas through hydraulic fracturing...more

Mixed Result In A Louisiana Legacy Pollution Case

The Dietz family sued several lessees for injunctive relief and restorative damages arising out of leases on two non-contiguous tracts in Acadia Parish. In Dietz, et al. v. Superior Oil Company, et al the trial court granted...more

Green Building Newsletter: Feb 2014 -- AB 1103 Update: Nonresidential Building Energy Use Disclosure Requirements Now In Effect

After a series of delays in both implementation and enforcement, as of January 1, 2014, California Assembly Bill 1103 (“AB 1103,” codified as California Public Resources Code Section 25402.10) is now in effect and enforceable...more

UK Government Considers Curtailing Trespass Laws in Favour of Fracking

Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK. The UK government has announced that it is reviewing the existing...more

Changes To California Title 24 Energy Use Requirements Effective July 1, 2014

On July 1, 2014, 2013 CALGreen, Part 11, Title 24, of the California Code of Regulations will go into effect. As a result, certain nonresidential additions and alterations will trigger compliance with more stringent...more

AAI Rules Amended Under CERCLA – Focus on Vapor and Records Review

Effective December 30, 2013, the EPA acted to amend the standards and practices for conducting all appropriate inquiries (“AAI”) to embrace an update to ASTM International standards, and to expressly bring vapor issues to the...more

Rumblings From A Louisiana Seismic Agreement

If the significance of a lawsuit can be gauged by the 23 lawyers and 10 firms identified in the opinion, Olympia Minerals, LLC, et al v. HS Resources, Inc., et al., is as noteworthy as Bush v. Gore, Brown v. Board of...more

Schools and Community Colleges Banned from Using Sole Source Procurement for Prop. 39 Funded Projects: Contracts Must Be Awarded...

Many California school districts and community college districts are gearing up to perform, or are in the process of performing, energy efficiency improvements and renewable energy projects with funds derived from Proposition...more

California Energy Commission Implements New Energy Use Requirements

After several delays in implementation and enforcement by the California Energy Commission, California’s new energy use disclosure requirement commenced on January 1, 2014, for all non-residential buildings with a total gross...more

Fear Alone Won’t Get You An Injunction

With apologies for being absent for a week, ponder this question when you embark on a fight with the officers and directors of the energy company you own a part of: How does your subjective fear of harm factor into your right...more

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