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 Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Hot Topics for Waste-to-Energy Investors and Developers
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
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
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
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
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
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
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.
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
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
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
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
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
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
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 of older, unused, or under-used buildings is considered by many to be an important component of sustainable and environmentally-friendly development....more
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
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
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
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
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
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
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
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
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 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
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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