Environmental Commercial Real Estate Energy & Utilities

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
News & Analysis as of

Now the EPC Really Matters

We posted in 2013 on the Regulations that will make it unlawful from 01 April 2018 to let properties with an F or a G EPC rating. These are now in force. There are some time limited exemptions and a few exclusions but now is...more

Modest Energy Efficiency Bill Heads to Obama’s Desk

The first energy bill of the 114th Congress is heading toward the President’s desk for signature. On April 21st, the eve of Earth Day, Senators Jeanne Shaheen (D-NH) and Rob Portman (R-OH) announced that their Energy...more

California Energy Commission Considering Changes to Ongoing AB 1103 Energy Benchmarking and Disclosure Requirements

The California Energy Commission ("CEC"), which is charged with overseeing the implementation of the California Nonresidential Building Energy Use Disclosure Program ("AB 1103"), is considering changes to the ongoing program....more

Don’t Overlook the Potential Value Added By Green Buildings

It is increasingly important for buildings to be energy efficient. So-called “green buildings” can not only lead to more efficient energy use, but can also result in significant cost savings over time. Indeed, green...more

Locke Lord QuickStudy: The New York Legislature Ends The Guessing - Brownfield Tax Credits Extended And Modified

On April 1, 2015, the New York Legislature passed a budget bill for fiscal year 2015-2016, which included numerous amendments (the Amendments) to the Brownfield Cleanup Program (BCP), a state program designed to incentivize...more

Groundwater Fees in Flux Following Recent Conflicting Proposition 218 Cases

With California in the midst of a record-breaking drought (as reported in a recent Allen Matkins legal alert, Governor Edmund G. Brown Jr. issued an Executive Order ordering mandatory actions to reduce California's water...more

President Obama Signs Executive Order Reducing Federal GHG Emissions

On March 19, 2015, the White House published an Executive Order signed by President Obama that would further a preference for U.S. Department of Agriculture (USDA) BioPreferred products....more

Upcoming Energy Efficiency Requirements in the Rented Sector

The UK government has set a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. Since energy use in buildings is a major source of UK carbon emissions, improving their energy...more

New Jersey Spill Act: No Statute of Limitations After All

Several months ago we wrote about a then-pending challenge before the New Jersey Supreme Court over the question of whether the New Jersey Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq. was...more

Law Amends Property Assessed Clean Energy (PACE) Programs in Virginia

On March 25, 2015, Virginia Governor Terry McAuliffe signed into law Chapter 389 of the 2015 Acts of Assembly (the Amendments). The Amendments modify Virginia's existing laws regarding property assessed clean energy (PACE)....more

Measures to improve energy performance of non-domestic buildings: Scottish implementation timetable announced

Following recent consultation, the Scottish Government has confirmed the timetable for the publication and implementation of regulations to be made under section 63 of the Climate Change (Scotland) Act 2009....more

USGS’s Increase of Texas’s Earthquake Risk Level: Commercial Real Estate and Insurance Implications

Before 2008, the greater Dallas Fort Worth area, known as the Fort Worth Basin, was almost entirely void of seismic activity. Between 1950 and 2008, the only seismic activity on record was an insignificant event that experts...more

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

An Introductory Guide to Rev 973 v. Mouren-Laurens Et Al

Loeb & Loeb LLP represents a group of approximately 45 potentially responsible parties (PRPs) in the Rev 973 litigation, though the number is constantly changing as additional parties join the group. The following is an...more

Is Your Landfill or Other Wasting Asset Fairly Assessed?

Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the...more

California’s New Energy Efficiency Challenge

California Governor Jerry Brown, sworn in for an unprecedented fourth term, recently revealed an ambitious new plan to address the impacts of climate change over the next 15 years. The Governor’s bold initiatives include a...more

Quebec Environment Minister Aims to Modernize Environmental Approval Process

On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided...more

Is It Too Late to Just Throw Superfund to the Curb?

Last week, Judge Paul Borman of the Eastern District of Michigan, allowed a motion by the United States for judgment on the pleadings, dismissing a third-party complaint brought against the United States by Michigan...more

New York’s Green Bank Committing to Diverse Transactions

New York State’s one-billion-dollar Green Bank opened for business in 2014 and has begun committing to transactions. The Green Bank’s self-professed sweet spot is investments between $5 million and $50 million. Examples of...more

Federal offshore wind auction held for sites off Massachusetts

Federal ocean energy managers have concluded an auction to lease over 350,000 acres off the Massachusetts coast to prepare for offshore wind development. Of the four parcels up for bid in today's auction, one was...more

New Jersey High Court Rejects Application of Six-Year Statute of Limitations to Spill Act Private Contribution Claims for...

In Morristown Associates v. Grant Oil Co., the New Jersey Supreme Court unanimously ruled that a six-year statute of limitations does not apply to private claims for contribution of costs incurred to remediate contaminated...more

Environment 2015: Contamination and Waste Management Issues

This year is sure to bring a number of significant changes in the areas of waste management and cleanup, vapor intrusion, due diligence and issues related to real estate purchases. ...more

New Legislative Requirements For Electric Vehicle Charging Stations At California Commercial Properties

Effective January 1, 2015, commercial landlords are prohibited from entering into leases or other occupancy agreements that include any unreasonable restriction or prohibition on the installation or use of an electric vehicle...more

Fracking Bans Don't Trigger Civil Authority Coverage

On Nov. 4, 2014, voters in Denton, Texas, which is home to more than 270 natural gas wells, approved a ballot initiative banning all hydraulic fracturing within the city’s limits. The Denton ban, which took effect on Dec. 2,...more

How Energy Can Play a Role in City-Building and Urban Revitalization

Recently, I came across this article about city-building. It’s a powerful piece about how the “built environment” of a city integrally relates to the success of that city. The author, Carol Coletta of the Knight Foundation,...more

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