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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.

Commercial building efficiency opportunities

by PretiFlaherty on

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and...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

Sustainable Development Update - June 2017 #2

by Allen Matkins on

Sustainable Development Focus - Green building in U.S. luxury developments continues to flourish - Mansion Global - May 29 - In recent years, luxury real estate developers and architects in the U.S. have been...more

What Does Your Reservation Clause Mean?

by Locke Lord LLP on

Webb et al. v. Martinez (Tex. App. San Antonio) - On December 14, 2016, San Antonio’s Fourth Court of Appeals affirmed the trial court’s take-nothing summary judgment regarding a property dispute in favor of Martinez. Webb...more

Often Overlooked Sublease Issues For Office Tenants

by Liskow & Lewis on

With oil prices still far below their highs of a few years ago, many energy companies—some of which expanded rapidly when oil was north of $100 a barrel—now find themselves with more office space than they can reasonably use...more

West Virginia Court Pivots Toward Industry in Recent Post-Production Deduction Case

by McGuireWoods LLP on

A recent decision by the West Virginia Supreme Court of Appeals has called into question its own precedent on the permissibility of post-production deductions and the calculation of oil and natural gas royalties, reversing...more

Major Decision by the West Virginia Supreme Court of Appeals – Non-Participating Royalty Interest Owner Rights Clarified

On May 31, 2017, the West Virginia Supreme Court of Appeals issued a significant opinion regarding the clarification of rights for non-participating royalty interest owners (“NPRI”). In the opinion Gastar Exploration, Inc. v....more

Sustainable Development Update - May 2017 #4

by Allen Matkins on

Sustainable Development Focus - Better Buildings Challenge partners save $1.9 billion - Proud Green Building - May 16 - According to a new report, some 345 leading public and private sector organizations in the...more

Oil and Gas Industry Update: District Court Upholds Rejection of Sabine Gas Gathering Agreements

by Jones Day on

In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), 2017 BL 83510 (S.D.N.Y. Mar. 9, 2017)—Judge Jed S. Rakoff of the U.S. District Court for the Southern...more

Sustainable Development Update - May 2017 #2

by Allen Matkins on

Sustainable Development Focus - How green infrastructure manages stormwater, enhances property values - Urban Land - May 3 - The growing involvement of the real estate industry in helping municipalities manage...more

Sustainable Development Update - May 2017

by Allen Matkins on

Sustainable Development Focus - How green is your city? Here's how its building practices compare to other U.S. real estate hubs - Orlando Business Journal - May 1 - The U.S. saw more than 3,400 properties win...more

Sustainable Development Update - April 2017 #4

by Allen Matkins on

Sustainable Development Focus - Closing the gap - Commercial Property Executive - Apr 20 - Green building continues its frenetic pace globally, and the numbers are staggering. Each day, 2.2 million square feet...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

by Nossaman LLP on

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use...more

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