Energy & Utilities Law, Residential Real Estate

The Department of Energy Establishes Uniform Protocols for Determining Energy Efficiency Savings

by Mintz Levin - Energy & Clean Technology on 5/20/2013

The Department of Energy has just published a new series of protocols for calculating the savings from energy efficiency upgrades in homes, commercial buildings, and industrial facilities. Although voluntary, the new...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

Oil And Gas Law Insight: With Oil Reserves Estimate Doubled In Williston Basin, Opportunities For Growth Abound

by Jannelle Steger Combs | Leonard, Street and Deinard on 5/9/2013

The U.S. Geological Survey has doubled its previous estimate of the amount of recoverable oil within the Williston Basin to 7.4 billion barrels. While the Bakken formation is still a star in the play, the potential of the...more

California City Enacts Law Requiring Solar Energy Systems on Most New Homes

by Jason Barglow | Foley & Lardner LLP on 5/6/2013

The city of Lancaster, California recently adopted an ordinance requiring builders of most new homes to install functional solar power generation systems on these homes prior to their sale to the public. The law is believed...more

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

by Roberto Garcia | Pillsbury Winthrop Shaw Pittman LLP on 5/6/2013

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater...more

Pennsylvania Supreme Court Confirms The Dunham Rule

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/3/2013

If it ain’t broke, don’t fix it. Or, as said by the Pennsylvania Supreme Court, “A rule of property long acquiesced in should not be overthrown except for compelling reasons of public policy or the imperative demands of...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

Pennsylvania Supreme Court Upholds Statewide Oil And Gas Conveyance Rules

by Jason Yearout | BakerHostetler on 5/3/2013

In October of 2012 the Pennsylvania Supreme Court heard oral argument on two key cases that potentially could reshape the laws and rules applicable to hydraulic fracturing in the state. We wrote extensively about these cases...more

Pa. Supreme Court Issues Decision in Butler Case

by Michael Connelly | Spilman Thomas & Battle, PLLC on 5/2/2013

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

BLM Issues Right-of-Way Application Rule In An Effort To Spark Renewable Energy Development

by Ben Rubin | Nossaman LLP on 5/1/2013

As reported earlier today by a number of news outlets (see for example this KCET article by Chris Clarke), the Bureau of Land Management ("BLM") will be issuing a Final Rule to facilitate right-of-way applications for lands...more

Pennsylvania Supreme Court Reaffirms Dunham Rule, Confirms that Marcellus Shale Natural Gas is not a "Mineral"

by Levi Jones | Schnader Harrison Segal & Lewis LLP on 4/29/2013

On April 24, 2013, the Pennsylvania Supreme Court in Butler v. Powers held that Marcellus shale “natural gas is presumptively not a mineral for purposes of private deeds.” The Court reaffirmed the “Dunham Rule,” which applies...more

Part I – How will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 4/29/2013

By October 1, 2013, the North Carolina Mining and Energy Commission (“N.C. MEC”) must report its findings and recommendations for hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental...more

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

by Christopher Boisvert, Karen Daly, Argia DiMarco, Michael Kichline, William McEnroe | Dechert LLP on 4/26/2013

The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to...more

New Floodplain Ordinance Targets Oil and Gas Operations

by Mark Clark | Spilman Thomas & Battle, PLLC on 4/26/2013

The County Commission in Doddridge County, West Virginia is currently considering amendments to its Floodplain Ordinance as a result of a December 17, 2012 decision by the Circuit Court of Doddridge County. (Comments to the...more

Overriding Interest - Spring 2013

by Steven D. Cox, Bonny Hedderly, Rupeena Purewal | K&L Gates LLP on 4/24/2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors...more

Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With...

by Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/24/2013

A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more

What Is An Enforceable Property Description?

by Travis Booher, Charles Sartain | Looper Reed & McGraw, P.C. on 4/9/2013

Valid Description? We don’t need no valid stinking description! Actually, in May v. Buck, a Texas Court of Appeals says you do. The need for a sufficient property description in a oil and gas transaction seems like an...more

Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information

by William R. Devine | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

The recent California appellate court decision in Concerned Dublin Citizens v. City of Dublin, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2013, upheld a City's affirmation that residential developments are exempt...more

Neutrals create streamlined process for resolving natural disaster cases

by JAMS, The Resolution Experts on 4/4/2013

Originally published in the Daily Journal on March 15, 2013. With more than 2,000 lawsuits filed by homeowners in the wake of the fires that ravaged San Diego County in 2007, attorneys for plaintiffs and San Diego Gas...more

Court Upholds CEQA Exemption for Residential Development - Minor Project Tweaks and New Greenhouse Gas Thresholds Don’t Trigger...

by Sarah E. Owsowitz, Charity B. Schiller | Best Best & Krieger LLP on 4/4/2013

In a recent case involving the California Environmental Quality Act, a state appellate court upheld a city’s decision to exempt from environmental review a residential development because it was consistent with a broader...more

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Energy & Utilities Law › Residential Real Estate