Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and...more
The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.” It’s effective on August 28, 2015, so you need...more
The UK government has a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. As domestic buildings were responsible for 25% and non-domestic buildings for 12% of total carbon...more
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
PACE loans can cover up to 100% of the cost of a project, depending on the specific program and the particular project. Similar to other assessments, a PACE assessment runs with the property and can be transferred to a...more
The UK government has set a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. Since energy use in buildings is a major source of UK carbon emissions, improving their energy...more
So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it.
Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising...more
Liability policies typically provide coverage for amounts the insured “become[s] legally obligated to pay”—but they leave open the question of how that obligation should be determined. Judgments and settlements clearly...more
The National Association of Insurance Commissioners (NAIC) met for its Fall National Meeting in Washington, D.C. from November 14th through November 19th. As with prior meetings, competition among state, Federal and...more
Many homeowners and other property insurance policies contain an exclusion to address one of the by-products of the increased frequency of severe weather: it bars coverage for property damage caused by “water which backs up...more
The Eleventh Circuit recently affirmed a decision of the Southern District of Georgia, finding an insured’s claim for water damage fell within an exclusion for loss or damage caused by “surface water.” In Williams v. State...more
Evaluating environmental risks associated with real estate transactions is a standard, and often standardized, practice for sophisticated real estate practitioners. However, in light of several recent developments - the...more
On March 18, 2014, the U.S. Court of Appeals for the Second Circuit resolved a dispute of apparent first impression regarding the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...more
The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD...more
New Standard Will Help Clarify Environmental and Historical Site Conditions For South Florida Developers -
A new standard for performing Phase I Environmental Site Assessments (ESA) is expected to be released in...more
The Enterprise and Regulatory Reform Act 2013 introduces a number of reforms designed to simplify and streamline existing planning procedures to provide greater clarity for owners and developers of listed buildings or...more
For several years, the District of Columbia has been working toward regulations designed to prevent and eliminate lead hazards. It came one step closer on April 26, 2013, when the District's Department of the Environment...more
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
In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more
On January 16, the New Jersey Department of Environmental Protection (NJDEP) published its new guidance on vapor intrusion, including significant changes to the groundwater vapor intrusion screening levels....more
The Marcellus, Utica and other Shale gas plays have been an economic boon to landowners, the oil and gas industry, and the states and communities in which production is occurring. The impacts of shale oil and gas development...more
The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,...more
There is a proposed amendment A-3367 to the Industrial Site Recovery Act (“ISRA”) N.J.S.A. 13K-1 et seq. that would require an owner or operator of an industrial establishment applying for a De Minimis Quantity Exemption...more
Section 107(e) of CERCLA provides that -
"No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who...more
In This Issue:
Gain on Sale of New York Property Allocated Entirely to New York; Failure to Establish Value of Assets in a Bulk Sale Leads to Liability for Entire Sales Tax Deficiency; Entitlement to QEZE Credits...more
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