Environmental Law, Commercial Real Estate

USEPA’s PCB Bulk Product Waste Reinterpretation – 40 CFR Part 761

by Foley & Lardner LLP on 5/23/2013

PCBs were domestically manufactured from 1929 until their manufacture was banned in the United States in 1979. Due to their non-flammability, chemical stability, high boiling point, and electrical insulating properties, PCBs...more

Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth...

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/22/2013

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more

New Energy Reporting Regulations Are on the Horizon for Philadelphia Commercial Building Owners

by Matthew McClure, Richard Slavin | Ballard Spahr LLP on 5/21/2013

Commercial building owners in Philadelphia should be aware that in the coming weeks, the Mayor’s Office of Sustainability will issue proposed regulations to implement the City’s recently enacted energy and water reporting...more

Defense Cost Analysis in Complex Environmental Fee Claims

by David J. McMahon | Barger & Wolen on 5/21/2013

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more

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

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

by James Potter | Nexsen Pruet, PLLC on 5/16/2013

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

New Stormwater Fees in Maryland

by Matthew Kimball | Niles, Barton & Wilmer, LLP on 5/14/2013

During the 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which mandated that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

Vapor Intrusion Developments

by Martin Booher, Maureen Brennan | BakerHostetler on 5/13/2013

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Ashley II Holdings Require Caution

by Larry Burke | Davis Wright Tremaine LLP on 5/13/2013

On April 4, 2013, the Fourth Circuit Court of Appeals issued a much anticipated decision in PCS Nitrogen, Inc. v. Ashley II of Charleston LLC, No. 11-1662 (4th Cir. April 4, 2013) (Ashley II). ...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

California Energy Commission Amends Nonresidential Building Energy Disclosure Regulations

by Kirsten Day, Teresa Jacobs | Perkins Coie on 5/10/2013

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use...more

Towards Not Reinventing The CEQA Wheel: Resources Agency Adopts New CEQA Guidelines For Streamlined Review of Urban Infill...

by Arthur F. Coon, Matthew Henderson | Miller Starr Regalia on 5/9/2013

Repetitive CEQA review and analysis is expensive, unnecessary, unproductive, and inimical to the goals of certainty and finality in the environmental review process. In 2011, to address these concerns in the infill...more

Vapor Intrusion -- EPA Offers Guidance For Comment, But Now More Issues Than Ever

by Kenneth Gray | Pierce Atwood LLP on 5/8/2013

After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment. The...more

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

by Molly Eckman | Cozen O'Connor on 5/8/2013

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

by Barbara Casey, Ronald Varnum, Harry Weiss | Ballard Spahr LLP on 5/7/2013

The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by...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

Site Assembly

by Hopkins & Carley on 5/2/2013

The “good old days” of formal redevelopment are over. Real estate developers no longer can negotiate to assemble development sites under the threat of condemnation. Silicon Valley developers now face serious challenges in...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

Mistakes Have Consequences – British Petroleum’s Settlement

by Cleve Clinton | Looper Reed & McGraw, P.C. on 4/30/2013

Three years ago, Tilting told tales of oil spill legal problems suffered by Forrest Gump, Bubba Gump Shrimp Company, Wok Ann chu-gumm Seafood Restaurants, Chef Red Fishy and Bishop Carp. Tilting predicted class action...more

Missouri To Pilot Reforms To Corrective Action Clean-Up Program

by Adam Troutwine | Polsinelli on 4/29/2013

Businesses involved in clean-up of environmentally contaminated sites often face a time-consuming and expensive process. The Missouri Department of Natural Resources and the Environmental Protection Agency will pilot reforms...more

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

by Kimberly Barnashuk, Adam Walters | Phillips Lytle LLP on 4/26/2013

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

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Environmental Law › Commercial Real Estate