Environmental Commercial Real Estate Construction

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EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

Corps Proposes Renewal of Nationwide Permits

The U.S. Army Corps of Engineers (“Corps”) has proposed new and revised Nationwide Permits (“NWPs”) for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and...more

Governor Ducey Vetoes Water and Development Bills

With the second regular legislative session of Governor Doug Ducey’s tenure complete, the Governor exercised his veto pen rejecting several laws impacting water and land development. On May 9th, Governor Ducey vetoed two...more

Clean Up Green Up—Supplemental Use Districts—more regulation for three LA City Neighborhoods

On June 4, 2016, the City of Los Angeles rolls out its much-discussed Clean Up Green Up (CUGU) pilot program for three communities: Boyle Heights, Wilmington and Pacoima. Ordinance 184246, approved by Mayor Garcetti on April...more

Guidance for building owners on the Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016

The first batch of general and technical guidance notes on the Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 ("the Regulations") was published on 23 May and is now available on the Building...more

New LA Ordinances “Clean Up, Green Up” Industry in Residential “Toxic Hotspot” Neighborhoods

On June 4, 2016, two new Los Angeles ordinances will go into effect under the Clean Up, Green Up (CUGU) initiative. The initiative aims to improve air quality and residential quality of life in areas with high concentrations...more

"IRS Guidance Clarifies 'Begun Construction' Standard for Renewable Electricity Production Credit Property"

The Internal Revenue Service (IRS) has released welcome new guidance with respect to renewable electricity production and energy investment tax credits. A notice issued on May 5, 2016, reflects changes to the production tax...more

Update – City of Los Angeles Releases List of 13,500 Soft First Story Buildings Targeted for Earthquake Retrofitting

The City of Los Angeles Department of Building and Safety (DBS) has released its list of wood frame soft-story buildings that may be required to undergo mandatory retrofitting. The list can be obtained by request to DBS, and...more

Corner Briefing: California Land Reuse and Revitalization Act

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

Armada of Lobbyists, Lawyers and Consultants Has to Fear Curtatone in His Rowboat

If you’re in a construction trade, you’re probably not too happy with Somerville Mayor Joseph Curtatone, the only person standing between Steve Wynn and his dream of a $2 billion casino in Everett. Yet I have to believe...more

FWS Proposes Revisions to Development Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

California Governor’s Office Releases Updated CEQA Guidelines Proposal on SB 743 Implementation

On January 20, 2016, the Governor’s Office of Planning and Research (OPR) released a new draft proposal for implementing Senate Bill 743 (Steinberg 2013) (SB 743), which would require traffic analysis to be based on vehicle...more

California Supreme Court Shifts Gears on “Reverse CEQA”

The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”)....more

New regulations will oblige owners of buildings in Scotland to improve or report on energy efficiency of buildings

Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be made for: (1) the assessment of the energy performance of existing non-domestic buildings and greenhouse gas emissions from such buildings;...more

A Good Reminder: State and Federal Wildlife Laws Have Severe Penalties for Harm to Endangered Species

Welcome to the New Year! I have decided to declare 2016 to be the year of the endangered species. Why? We ended 2015 with a bang by seeing how serious the take prohibition in the California Fish and Game Code can be for fully...more

Worth the Wait? The California Supreme Court Rules that CEQA Does Not Require An Analysis of the Environment's Impacts on a...

On December 17, 2015, the California Supreme Court issued its long-awaited decision in California Building Industry Association v. Bay Area Air Quality Management District (No. S213478). The sole question before the Court...more

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more

Fourth District Addresses CEQA Baseline Issues In Partially Published Opinion Upholding EIR For Carlsbad Shopping Mall Renovation

In an opinion filed September 10, and later ordered partially published on October 9, 2015, the Court of Appeal affirmed the substance of a judgment upholding an EIR for a regional shopping center renovation project in...more

CEQA Guidelines Comments: Once In a Generation Chance

The California Environmental Quality Act (CEQA) directs that certain proposed projects undergo environmental review to assess and mitigate significant environmental impacts. The CEQA Guidelines provide procedures and...more

Winn Everett's Environmental Virtues Are Yin to the Yang of Casino Profits

The site in Everett where Steve Winn wants to build a resort/destination casino at a cost of more than a billion dollars has got to be the most run-down, contaminated, crummy looking oceanfront properties in Greater Boston. ...more

Foundation: July 2015 • Vol. II, Issue 2

Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

Fourth District Holds Losing CEQA Plaintiff’s Mooted Appeal Was Not “Catalyst” To City’s Revocation Of Project Entitlements After...

In an opinion filed June 8, and ordered published on July 6, 2015, the Fourth Appellate District Court of Appeal affirmed the trial court’s judgment denying a CEQA plaintiff’s motion for attorneys’ fees under CCP § 1021.5,...more

Addressing Environmental Issues in Real Estate Development

Dealmakers sometimes overlook environmental issues when negotiating transactions, leaving important business and legal issues unaddressed until they inevitably pop up shortly before closing and send everyone scrambling. This...more

Green Certification: obtaining green certification for existing buildings in VA

On June 19, 2014, the U.S. Energy Information Administration released its preliminary results for the 2012 Commercial Buildings Energy Consumption Survey (CBECS). According to the CBECS, the United States currently has 87...more

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