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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 New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible...more
CS/CS/CS/HB 325 amends statutory provisions relating to the brownfield program and modifies the procedures for establishing a brownfield area. The bill also authorizes the local government designating a brownfield area to use...more
The second phase of the California Energy Commission’s (CEC) Nonresidential Building Energy Use Disclosure Program takes effect on July 1, 2014 (the first phase took effect on January 1, 2014 and applies to nonresidential...more
Solar Energy Systems Will Continue to Be Excluded from Full Cash Value of Real Property -
A new law extending the exclusion of solar energy systems from affecting the full cash value of real property for taxation...more
The IRS has opened the door a crack for real estate investment trusts (REITs) to be the lessors of wind projects.
To qualify as a REIT, a corporation must satisfy a series of complicated tests that require the...more
The U.S. General Services Administration recently added Green Globes as an additional third-party green building certification system for federal government construction projects. With this addition, many are now asking about...more
In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San...more
Stoel Rives environmental analyst Steve Heurung was among the co-authors of a Minnesota Brownfields report commissioned by Hennepin County to evaluate the potential for cost savings associated with the off-site reuse of soil...more
On the same day as President Obama’s speech championing solar, the Department of the Treasury proposed regulations defining “real estate assets” for purposes of the definition of a real estate investment trust (REIT). The...more
On May 9, 2014, the Internal Revenue Service (IRS) issued proposed regulations that clarify the definition of real property for purposes of the real estate investment trust (REIT) provisions of the Internal Revenue Code....more
After a long rulemaking with many hundreds of comments, the Massachusetts Department of Environmental Protection (MassDEP) has just adopted major updates to the state’s cleanup program, known as the Massachusetts Contingency...more
Recently revised guidance issued by the Pennsylvania Department of Environmental Protection (the Department or DEP) concerning use of community environmental projects (CEPs) in lieu of civil penalties warrant the attention...more
The Leach Oil Site and the Mouren-Laurens Oil Site are located adjacent to each other in Compton, California. These sites have been the subject of litigation between the current and former owners and operators for almost 15...more
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
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
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
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 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
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
“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
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
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
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
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
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