Environmental Law, Commercial Real Estate, Administrative Law

Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting...

by Jarrett Bingemann, Robyn Neely | Akerman Senterfitt on 1/23/2013

On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of...more

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

by Jeffrey Kirschenbaum | Buchalter Nemer on 1/4/2013

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

The ASTM Standard Practice for Phase II Environmental Site Assessments

by Christopher P. McCormack | Pullman & Comley, LLC on 12/24/2012

Originally published in the Environment Reporter, 43 ER 3080, 11/30/2012. Phase II Site Assessments - This article reviews the background of the revised Phase II Environmental Site Assessment Standard issued in...more

EPA Provides Comfort to Prospective Tenants at Contaminated Properties

by Christopher J. McAuliffe | Morgan Lewis on 12/19/2012

Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more

U.S. EPA Issues New Guidance on Bona Fide Prospective Purchaser Defense for Tenants

by Cristina Stummer | Saul Ewing LLP on 12/17/2012

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

City May Adopt Housing Element Revisions Inconsistent With General Plan If City Also Adopts Timeline To Correct Inconsistencies

by Sheppard Mullin Richter & Hampton LLP on 11/30/2012

Recently, the Fourth District Court of Appeal in Friends of Aviara v. City of Carlsbad affirmed the trial court’s judgment directing the City of Carlsbad to adopt a timeline for proposed changes to its general plan that would...more

Minimizing Commercial Lease Risks Through Proper Environmental Due Dilligence

by Lane Powell PC - Environmental Law on 11/21/2012

As real estate development and leasing begin to emerge slowly from the dark days of the Great Recession, it’s important to remember that environmental considerations should not take a back seat to getting a deal done. In...more

Episode 84 – The PACE-Prologis Project in San Francisco

by Wendel, Rosen, Black & Dean LLP on 11/20/2012

In Episode 84 of The Wendel Forum (originally aired on November 10, 2012, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Aaron Binkley, Director of...more

National Academy of Sciences Group Recommending Methods to Facilitate Transition of Cleanup Programs from Problem Identification...

by William J. Walsh | Pepper Hamilton LLP on 11/11/2012

The National Research Council, an arm of the National Academy of Sciences (NAS), today released a report, “Alternatives for Managing the Nation’s Complex Contaminated Groundwater Sites” (available from the National Academies...more

Minor Deficiencies And Inaccuracies In Environmental Impact Report Did Not Prejudice The Environmental Review Process

by Kronick, Moskovitz, Tiedemann & Girard on 11/11/2012

A court of appeal recently upheld an environmental impact report which only analyzed the proposed project and the no project alternative, upholding the lead agency’s conclusion that none of the proposed alternatives were...more

Opportunities and Risks in Green Buildings -- Be careful not to overstate certifications and other environmental achievements

by Lane Powell PC - Environmental Law on 11/9/2012

Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more

EPA Issues Two New Superfund Guidance Documents: Plus Ca Change, Plus C'est La Meme Chose

by Foley Hoag LLP - Environmental Law on 11/5/2012

EPA recently released two guidance documents relevant to Superfund practitioners. One establishes revised procedures regarding how EPA will manage negotiations with PRPs. The second updates EPA's guidance on how it will...more

EIR Satisfies CEQA Despite Minor Deficiencies and Inaccuracies Where Environmental Review Process Not Prejudiced, Third District...

by Miller Starr Regalia on 11/5/2012

A unanimous Third District panel upheld SiskiyouCounty’s EIR for Roseburg Forest Products Co.’s (Roseburg) electricity cogeneration project involving expansion of its existing wood veneer manufacturing facility. (Mount Shasta...more

Further Confirmation Notice of Exemption Filed Before Project Approval is Void

by Sheppard Mullin Richter & Hampton LLP on 10/31/2012

Coalition for Clean Air v. City of Visalia (Oct. 4, 2012, No. F062983M)- The partially published opinion in Coalition for Clean Air v. City of Visalia brightened the line regarding when a California Environmental Quality...more

California Sets Schedule for Non-Residential Building Energy Disclosures

by Katten Muchin Rosenman LLP on 10/23/2012

In furtherance of its ongoing efforts to promote energy efficiency, California has implemented a new requirement that owners or operators of non-residential buildings disclose a building’s past energy use data to prospective...more

Incentives for Real Estate Developers (Presentation)

by Nexsen Pruet, PLLC on 10/16/2012

In This Presenation: - Brownfields Voluntary Cleanup Incentives - GENERAL The General Assembly has provided two tax incentives to promote cleanup of brownfield sites: an income tax credit as well as a property...more

MDEQ Issues Revised Part 201 Generic Cleanup Criteria

by Pepper Hamilton LLP on 10/5/2012

Important changes to Michigan’s Part 201 cleanup criteria became effective September 28, 2012. Among other revisions, inhalation pathway criteria for both soil and groundwater were made more stringent for several constituents...more

Prematurely Filed Notice Of Exemption Does Not Trigger 35-Day Limitations Period In CEQA Actions

by Kronick, Moskovitz, Tiedemann & Girard on 10/2/2012

A court of appeal recently concluded that a notice of exemption filed before a project is actually approved is invalid and does not trigger the 35-day limitations period in which to bring a California Environmental Quality...more

New Jersey Property Tax Refunds May Be Held To Cover Environmental Remediation

by Cole Schotz on 9/20/2012

In July of this year, the New Jersey Legislature modified the law addressing tax refunds by requiring a New Jersey property tax refund for certain industrial sites to be deposited with the New Jersey Department of...more

Horse Tracks as Concentrated Animal Feeding Operations?

by Dinsmore & Shohl LLP on 9/13/2012

As expanded gambling brings renewed interest and attention to horse racing, tracks need to be sure to not make a bad bet on environmental compliance. ...more

Massachusetts Environment and Energy Developments

by McCarter & English, LLP on 8/28/2012

This month, Governor Patrick signed legislation that will impact energy, environment, and development in the Commonwealth. On August 8, 2012, the so-called Jobs Bill (Act Relative to Infrastructure Investment, Enhanced...more

The End of the "Functional Interdependence" Test?

by K&L Gates LLP on 8/13/2012

On August 7, 2012, in Summit Petroleum Corp. v. EPA, the United States Court of Appeals for the Sixth Circuit, in a 2-1 decision, rejected the U.S. Environmental Protection Agency’s (“EPA”) current position that “functional...more

Appeals Court Reaffirms That Non-Prejudicial Planning And Zoning Code And CEQA Errors Cannot Serve As Basis For Overturning City...

by Sheppard Mullin Richter & Hampton LLP on 8/7/2012

On July 31, 2012, the California Court of Appeal for the Fourth District held that the trial court erred in invalidating the City of Rialto’s (the “City”) approval of a 230,000 square foot commercial retail center to be...more

New Incentives for Solar and Transmission on BLM Lands in the Southwest

by Reed Smith on 8/7/2012

The Bureau of Land Management (BLM) and the U.S. Department of Energy (DOE) have issued a Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States. It is anticipated...more

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