Environmental Commercial Real Estate

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DOE Issues Final Rule on Federal Green Building Standards

The Federal government has long been a leader in constructing green buildings, and LEED has been the Federal standard of choice. The Department of Energy issued a final rule updating its recommended certification standards...more

ML Strategies Energy and Environment Update: Week of 10/20/2014

ENERGY AND CLIMATE DEBATE - With just over two weeks until election day, Congress is preparing for a brief but intense Lame Duck session, while continuing final campaign pushes. With several races still in the...more

California's Eastern District: Government Agency Liable for Costs When Site Cleanup Is Mismanaged

In a ruling last month (California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al), the United States District Court for the Eastern District of California held that the Department of Toxic Substances...more

PACE Yourself

Property Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody’s recently...more

Overcoming Barriers to Sustainable Development

As a real estate attorney who's had the privilege to work on several projects that attempted, sometimes successfully, sometimes not, to implement new sustainability initiatives, I've come to learn that it's not so simple to...more

Gov. Cuomo Signs Law Extending Real Property Tax Abatement for Solar Power Installation

Governor Cuomo has signed into law a bill that extends real property tax breaks for installing electricity-generating solar panels on New York City buildings effective September 23, 2014. ...more

Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical Injury to Property

In a closely watched case, the Texas Supreme Court recently declined to address the issue of a right to recover damages for “stigma” in the absence of a permanent physical injury to property. (Houston Unlimited, Inc. v. Mel...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

EPA Issues Final Rule Clarifying CERCLA’s “All Appropriate Inquiry” Standard

The U.S. Environmental Protection Agency has at long last issued a Final Rule which provides clarification to prospective purchasers of contaminated property regarding the standards and practices that are to be used for...more

EPA Announces Final Rule Eliminating ASTM Phase I ESA Standard E1527-05 from CERCLA “All Appropriate Inquiries Rule”

On October 6, 2014, the EPA announced a final rule amending the “All Appropriate Inquiries Rule” [40 CFR Part 312] (“AAI Rule”) for conducting environmental site investigations of potentially contaminated property....more

Dealing With NIMBYs in Local Land Use and Environmental Approval

A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the...more

BC Supreme Court Stresses “Polluter Pays” in Awarding Damages for Remediation of Contaminated Site

The BC Supreme Court recently clarified several principles under the Environmental Management Act relating to liability for remediation costs for contaminated sites. In JI Properties Inc v PPG Architectural Coatings Canada...more

GRÜNE FACILITY MANAGEMENT-VERTRÄGE: Regelungs- und Handlungsempfehlungen für eine nachhaltige Gebäudebewirtschaftung

1. GRÜNES FACILITY MANAGEMENT – ZWISCHEN VERTRAG, ZERTIFIZIERUNG UND LEISTUNG: Umweltschutz und der verantwor tungsvolle Umgang mit Ressourcen sind seit einigen Jahren fester Bestandteil der Immobilienwir tschaft. Neben...more

Adaptive Reuse: Boom or Bust?

Adaptive reuse of older, unused, or under-used buildings is considered by many to be an important component of sustainable and environmentally-friendly development....more

CERCLA Preempts Local Cleanup Bylaws; PRPs Everywhere Breath a Sigh of Relief

In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws. The case involved one aspect of the cleanup of the W.R. Grace Superfund Site in...more

Connecticut Department of Energy and Environmental Protection Releases "Evaluation of Risk-Based Decision Making" With Public...

On August 29, 2014, the Connecticut Department of Energy and Environmental Protection (DEEP) released “Evaluation of Risk-based Decision Making,” a report prepared by CDM Smith under contract to the state. DEEP has now...more

New York’s Plan for a Self-Sustaining Solar Industry

Governor Cuomo recently announced that New York’s multiple solar programs are transitioning into the single, statewide NY-Sun Incentive Program. The decision is intended to support the $1 billion NY-Sun initiative and help...more

Texas Supreme Court Rejects State’s Use of Unclaimed Property Law to Usurp Private Right to Contract

In a 5-to-4 decision, the Texas Supreme Court rebuffed the Texas attorney general’s attempt to undo a cy pres award using the state’s Unclaimed Property Act. The cy pres award was a result of a settlement between defendant...more

No Need To Wait For NJDEP’s Approval When Seeking Contribution For Site Cleanups

Parties that find themselves responsible for the remediation of contaminated property in New Jersey do not have to wait for the New Jersey Department of Environmental Protection (“NJDEP”) to approve a final cleanup plan...more

What Triggers Excess Coverage In An Environmental Case: Not Necessarily the Payment of the Full Underlying Policy Limits

More and more excess insurers are taking the position that a policyholder which settles with primary or low level excess insurers for less than the full amount of the policy limits has waived its right to obtain coverage from...more

EPA's Concern Over TCE Vapor Intrusion Is Misguided

On July 9, 2014, the Director of the U.S. Environmental Protection Agency's Superfund Division in Region 9 issued a memo to staff setting an “operational framework” to address “inhalation exposures [to trichloroethylene] in...more

Georgia EPD Appoints New Brownfield Program Coordinator

Beth Blalock has been named the new Brownfield Coordinator for the Georgia Environmental Protection Division, replacing Madeleine Kellam, who has led the brownfield program since its inception and will retire at the end of...more

CERCLA’s Three Year Statute of Limitations for Contribution Applies To Non-CERCLA Settlements

Parties which settle environmental liability in a judicially approved settlement have three years from the date of that settlement in which to seek contribution even if the settlement is not a CERCLA settlement. That is the...more

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection...

The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of...more

If the Suit Fits: A Washington Court Clarifies Triggers for the Duty to Defend

Like many other federal and state environmental laws, Washington’s Model Toxics Control Act (MTCA) exposes property owners to strict liability, regardless of fault or intent, for certain types of environmental contamination. ...more

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