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Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Transbay Tower Groundbreaking
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Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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