Energy & Utilities Law, Commercial Real Estate, Administrative Law

New Reliability Compliance Opportunities in 2013

by Daniel Frank, Alison Graab, Meghan R. Gruebner, Alexandra Konieczny, Jennifer Kubicek | Sutherland Asbill & Brennan LLP on 1/2/2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

EPA Provides Comfort to Prospective Tenants at Contaminated Properties

by Christopher J. McAuliffe | Morgan Lewis on 12/19/2012

Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more

The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands

by Christopher P. Colyer, Craig R. McPike, Mark D. Ohre, Heidi McNeil Staudenmaier, James M. Susa, Joyce K. Wright | Snell & Wilmer L.L.P. on 12/10/2012

New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands....more

Episode 84 – The PACE-Prologis Project in San Francisco

by Wendel, Rosen, Black & Dean LLP on 11/20/2012

In Episode 84 of The Wendel Forum (originally aired on November 10, 2012, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Aaron Binkley, Director of...more

Minor Deficiencies And Inaccuracies In Environmental Impact Report Did Not Prejudice The Environmental Review Process

by Kronick, Moskovitz, Tiedemann & Girard on 11/11/2012

A court of appeal recently upheld an environmental impact report which only analyzed the proposed project and the no project alternative, upholding the lead agency’s conclusion that none of the proposed alternatives were...more

Opportunities and Risks in Green Buildings -- Be careful not to overstate certifications and other environmental achievements

by Lane Powell PC - Environmental Law on 11/9/2012

Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more

Power Purchase Agreements: Tips and Tricks Part 2

by Peter Bauman - Senior Associate at Tharpe &... on 11/1/2012

In Part 1 of this series we introduced you to Power Purchasing Agreements (PPA’s), which are contracts for purchasing electricity generated by a power plant that take advantage of federal tax incentives to lower electricity...more

California Sets Schedule for Non-Residential Building Energy Disclosures

by Katten Muchin Rosenman LLP on 10/23/2012

In furtherance of its ongoing efforts to promote energy efficiency, California has implemented a new requirement that owners or operators of non-residential buildings disclose a building’s past energy use data to prospective...more

Privately-Owned Utility Company Liable In Action For Inverse Condemnation

by Kronick, Moskovitz, Tiedemann & Girard on 9/19/2012

A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d...more

Massachusetts Environment and Energy Developments

by McCarter & English, LLP on 8/28/2012

This month, Governor Patrick signed legislation that will impact energy, environment, and development in the Commonwealth. On August 8, 2012, the so-called Jobs Bill (Act Relative to Infrastructure Investment, Enhanced...more

The End of the "Functional Interdependence" Test?

by K&L Gates LLP on 8/13/2012

On August 7, 2012, in Summit Petroleum Corp. v. EPA, the United States Court of Appeals for the Sixth Circuit, in a 2-1 decision, rejected the U.S. Environmental Protection Agency’s (“EPA”) current position that “functional...more

It’s Out: The Latest Draft Permit For California Industrial Storm Water Dischargers

by Wendel, Rosen, Black & Dean LLP on 8/7/2012

The State Water Board is moving closer to reissuing the Industrial General Storm Water Permit (IGP) with the release of a draft for public review and comment. This lengthy draft differs substantially from current requirements...more

New Incentives for Solar and Transmission on BLM Lands in the Southwest

by Reed Smith on 8/7/2012

The Bureau of Land Management (BLM) and the U.S. Department of Energy (DOE) have issued a Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States. It is anticipated...more

State Water Board Seeks Public Comment on 2012 Draft General Permit

by Farella Braun + Martel LLP on 7/24/2012

The State Water Resources Control Board (State Water Board) is seeking comments on its latest draft of the proposed General Permit for Storm Water Discharges Associated with Industrial Activities (General Permit). The...more

New Jersey affirms commitment to developing renewable energy resources with new legislation

by Saul Ewing LLP on 7/24/2012

On July 23, 2012, New Jersey Gov. Chris Christie signed into law a bill that is intended to both stabilize and reinvigorate the state's green energy market and support development for renewable sources of energy. In addition,...more

CLIENT ALERT: Mandatory Disclosure of Past Energy Use when Selling, Leasing or Financing Property in California

by Jeffrey Wutzke | Lewis and Roca LLP on 7/17/2012

California has instituted a new and unusual requirement that obligates virtually all commercial landowners to disclose a property’s past energy use to potential buyers, tenants and lenders. Any person or company owning...more

Texas Supreme Court Holds That an Electric Company Can Condemn Public Property Over Governmental Immunity Objection

by Jackson Walker on 6/26/2012

The Texas Supreme Court issued an opinion on Friday, June 22,2012, in Oncor Electric Delivery Company, LLC v. Dallas Area Rapid Transit and Fort Worth Transportation Authority (Cause No. 11-0079)— holding that a recent change...more

Risks Increasing for Properties with Chlorinated Solvent Contamination

by Mintz Levin - Environmental Law on 6/7/2012

For properties where chlorinated solvents have been released, new regulatory challenges and related liability concerns are increasing as a result of controversial human health studies recently published by the federal...more

Green Building Newsletter - May 2012

by Mintz Levin - Environmental Law on 5/28/2012

In This Edition: Law & Policy Updates: AB 1103 Update: Revised Draft Regulations Postpone Compliance with California’s Nonresidential Building Energy Use Disclosure Program and Recent CEQA Legislation Streamlines Review...more

Maryland Governor signs new environmental bills

by Saul Ewing LLP on 5/4/2012

This week, Maryland Governor Martin O'Malley signed into law a number of important environmental bills that may require property owners, businesses and local governments to take additional compliance measures. The bills...more

McAfee & Taft RegLINC - April 2012: Storage tanks By Chris Paul

by McAfee & Taft on 4/18/2012

Owners of land on which petroleum underground storage tanks are located are responsible for the cleanup of gasoline released (In re Huntington and Kildare Inc. v. Grannis, N. Y. App. Div., No. 512100, 11/3/11). Huntington and...more

Does Your City Make the Energy Star Cut?

by Greenberg Glusker Fields Claman & Machtinger... on 4/12/2012

The U.S. Environmental Protection Agency (EPA) released today the annual list of metropolitan cities with the most Energy Star certified buildings for 2011. To earn EPA’s Energy Star, commercial buildings must perform in the...more

River Segment Must be Navigable in Fact for Commercial Purposes at Statehood for State to Obtain Title to Riverbed Under the Equal...

by Sheppard Mullin Richter & Hampton LLP on 3/8/2012

Two weeks ago, the United States Supreme Court issued its decision in PPL Montana v. Montana. The Court held that the Supreme Court of Montana had incorrectly determined that certain segments of the Upper Missouri, Madison,...more

New York Supreme Court Upholds Towns’ Fracking Bans

by Sedgwick LLP on 2/29/2012

In two separate decisions issued last week, the Supreme Court of the State of New York (the state's trial level court) upheld the Town of Dryden's ban on hydraulic fracturing (or fracking) in Tompkins County, and...more

SB 573, CCN Decertification, And Water Utility Service Issues - The Changing Face Of Water Rights In Texas 2012

by Jackson Walker on 2/21/2012

TABLE OF CONTENTS I. Introduction ....................................................................................................... 1 II. Background on Decertification of CCNs...more

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Energy & Utilities Law › Commercial Real Estate › Administrative Law