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Womble Client Wins Stormwater Case in Charlottesville

Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

Pa. Gas Utility May Use Eminent Domain to Supply Private Power Plant

A Lycoming County, Pennsylvania, judge recently authorized a natural gas public utility to use its eminent domain power in condemning easements for the construction and maintenance of a pipeline to supply gas to a private...more

California Update: New Laws Give Residential and Commercial Tenants Rights to Install EV Charging Stations and Streamline...

Last month Governor Brown signed AB 2565, which gives residential and commercial tenants new rights to install electric vehicle (EV) charging stations, and AB 2188, which directs cities and counties to streamline permitting...more

Property Owners' Alert: Newly Effective Statutory Requirements for Installation of Water-Conserving Plumbing Fixtures

The real estate industry and the media recently have been focused on the updates to the Title 24 energy regulations (24 California Code of Regulations, Part 5) that became effective on July 1, 2014, and the increased costs in...more

BLM Issues Proposed Rule to Establish Competitive Leasing for Renewable Energy Projects on Public Lands

On September 30, 2014, the Bureau of Land Management issued a proposed rule that would establish competitive processes, terms, and conditions, including rental and bonding requirements, for solar and wind energy development...more

Pennsylvania Supreme Court Considers Equitable Extension of Lease Terms

The Pennsylvania Supreme Court has accepted a certified question in a case that may provide oil and gas operators some relief from the uncertainty surrounding landowner-initiated lease invalidation claims. In Harrison, et al....more

Supreme Court of Texas Clears the Path for Future Real Property Damage Calculations

In Wheeler v. Enbridge Pipelines, the Supreme Court of Texas provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement...more

California Energy Commission Delays Compliance With Energy Disclosure Program for Smaller Nonresidential Buildings

The California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases. The first phase took effect on January 1, 2014 and applies to nonresidential buildings of at least...more

Other 2014 Environmental and Land Use Legislation: Fracking, Brownfields, State Land Conservation, Private Easements, Wood Burning...

The General Assembly passed noteworthy bills on six diverse environmental and land use subjects. Hydraulic Fracturing Waste - A deceptively simple bill concerning hydraulic fracturing waste, PA 14-200, emerged...more

2014 Legislative Update: Environment, Growth Management and Water

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

Financial Infeasibility of CEQA Alternatives Determined By Reasonably Prudent Person

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

Minnesota Brownfields Soil Reuse Study Identifies Significant Cost-Saving and Carbon Reduction Opportunities

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

Enforcement of Municipal Stormwater Ordinances Is Tricky Business: Failure to Enforce an Ordinance Required Under a Permit Is Not...

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

It's Final—State Water Board Adopts New Industrial General Permit for Storm Water Discharges

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

City Fails to Adequately Mitigate "Urban Decay" and Energy Impacts of Big Box Retail Project

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

CEQA Alert: Court of Appeal Addresses Inadequate Blight/Urban Decay Mitigation and Energy Impact Analyses

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

Developing Renewable Energy Projects on Brownfields: Mitigating Enivronmental Risks & Liabilities

“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

Construction and Land Use Newsletter - March 2014

Please see full newsletter below for more information. - Lorton Landfill Dispute Nearing Board of Supervisors’ Review - I Know My (Vested) Rights! Developing a Project in a Changing Climate - Excerpt from...more

“Houston, We May Have a Problem!” — Surface Owner Who Put up “Roadblock” to Oil Driller’s Use of Property to Service Wells in a...

The Texas Supreme Court’s anticipated ruling in the case of Key Operating Equipment Inc. v. Will Hegar and Loree Hegar could significantly impact the ability of oil and gas producers to gain access to wells that are part of...more

Shale Gas in the UK: a year in review (a regulatory and policy update)

Introduction - 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

UK Government Considers Curtailing Trespass Laws in Favour of Fracking

Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK. The UK government has announced that it is reviewing the existing...more

Changes To California Title 24 Energy Use Requirements Effective July 1, 2014

On July 1, 2014, 2013 CALGreen, Part 11, Title 24, of the California Code of Regulations will go into effect. As a result, certain nonresidential additions and alterations will trigger compliance with more stringent...more

Rumblings From A Louisiana Seismic Agreement

If the significance of a lawsuit can be gauged by the 23 lawyers and 10 firms identified in the opinion, Olympia Minerals, LLC, et al v. HS Resources, Inc., et al., is as noteworthy as Bush v. Gore, Brown v. Board of...more

LEED Silver Requirement To Be Introduced in Montgomery County

On January 21, Montgomery County Councilmember Roger Berliner will introduce 13 legislative initiatives to increase the County's commitment, in the public and private sector, to reducing greenhouse gas emissions by 80 percent...more

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