News & Analysis as of

Environmental Commercial Real Estate

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

by Nossaman LLP on

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use...more

LIDAR Data to the Rescue

by Cozen O'Connor on

Often in litigation, especially in flood claims, determining the vertical elevation of a land or water based structure or object is important. In a recent flood case, the elevation of the top of an earthen embankment and...more

Renewable Energy Update - April 2017 #2

by Allen Matkins on

Renewable Energy Focus - California solar spike leads to negative CAISO real-time prices in March - Utility Dive - Apr 10 - Solar capacity on the California Independent System Operator (CAISO) system spiked last...more

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Six Years in the Making, New Ch. 91 Flexibility Washes Ashore

Last month, MassDEP and the Massachusetts Office of Coastal Zone Management released long-awaited revisions to the regulations governing waterfront development in Massachusetts (the Chapter 91 regulations, the Designated Port...more

Sustainable Development Update - March 2017 #4

by Allen Matkins on

Sustainable Development Focus - Trump wants to cut programs that help buildings save energy. This new study says they work. Washington Post - Mar 27 New research suggests that programs for improving energy...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

by Holland & Knight LLP on

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

A reminder to get replies to enquiries right

by Dentons on

The High Court decision in First Tower Trustees Limited v. CDS (Superstores International) Limited [2017] EWHC B6 (Ch) is a salutary reminder of some of the pitfalls to avoid when providing replies to pre-contract enquiries...more

Sustainable Development Update - March 2017 #3

by Allen Matkins on

Sustainable Development Focus - When it rains, Los Angeles sends billions of gallons of 'free liquid gold' down the drain - Los Angeles Times - Mar 8 - As the Los Angeles region strives to cut its...more

CLF Takes Its MHP Fight Across the Fort Point Channel

Last week we wrote about the Conservation Law Foundation filing suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront District...more

Sustainable Development Update - February 2017 #3

by Allen Matkins on

Sustainable Development Focus - Developers find benefits to building sustainable - Bisnow - Feb 15 - Boston Properties vice president of engineering Danny Murtagh said the biggest trends in sustainable...more

Sustainable Development Update - February 2017

by Allen Matkins on

Sustainable Development Focus - Why build green? Lowered operational costs, increased staff productivity, and higher asset values - Environmental Leader - Feb 2 - Green building continues to play a...more

Sustainable Development Update - January 2017 #5

by Allen Matkins on

Sustainable Development Focus - California ranks fifth in the nation for LEED certifications in 2016 - Construction & Demolition Recycling - Jan 25 - The U.S. Green Building Council (USGBC) released its...more

Sustainable Development Update - January 2017 #4

by Allen Matkins on

Sustainable Development Focus - Trump White House hits pause on Obama efficiency standards - Utility Dive - Jan 23 - The Obama administration issued several new efficiency regulations in late December,...more

Real Estate and Land Use - January 2017

Supreme Court Holds City Bound by Publicly Available General Plan - Orange Citizens for Parks and Recreation v. Superior Court (2016) 2 Cal.5th 141, 211 Cal.Rptr.3d 230 - Why It Matters: The California Supreme Court...more

Transfer Act for Lenders

by Murtha Cullina on

A previous blog post addressed lender liability for environmental conditions on property a lender might acquire as a result of foreclosure. Another issue lenders in Connecticut must consider prior to foreclosing on a property...more

West Coast Real Estate Update: January 2017 #2

by Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

by Dentons on

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act...more

On the Horizon

by DLA Piper on

Welcome to the January 2017 edition of "On the Horizon" - the mining sector's guide to relevant upcoming legal, commercial and regulatory changes and developments. - In this guide, you will find ... Please see full...more

Sustainable Development Update - January 2017 #2

by Allen Matkins on

Sustainable Development Focus - Exponential growth in net zero energy buildings predicted for the next two decades - Building Design + Construction - Jan 5 - The global market for products and services...more

CalEnviroScreen 3.0 – Still the Wrong Tool for CEQA Review

On January 9, 2017, the California Environmental Protection Agency (CalEPA) and Office of Environmental Health Hazard Assessment (OEHHA) released an “Update to the California Communities Environmental Health Screening Tool,”...more

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