Environmental Commercial Real Estate Finance & Banking

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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December 2014 - Real Estate FOUNDATION

In this issue - The CERCLA Divisibilty Defense: Back from the Dead? - Springing Recourse for Breach of Solvency and Debt Payment Covenants? Does New York Need Cherryland Legislation? - Mid-Construction...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

Grant Recipients Likely to Accept a 50 Percent Share of Cleanup Costs Under New Washington Grant Funding Rule

The new Department of Ecology (Ecology) grant funding rules, which are expected to go into effect in September 2014, will change the way grant recipients resolve contribution claims against other liable parties under the...more

Evaluating Environmental Risks in Real Estate Transactions

Evaluating environmental risks associated with real estate transactions is a standard, and often standardized, practice for sophisticated real estate practitioners. However, in light of several recent developments - the...more

Brownfield Legislation Passes 2014 Florida Legislative Session, Expanding Range of Redevelopment Tools

The Florida Legislature passed new Brownfield legislation in the 2014 legislative session that concluded in May 2014. The bill will be sent to Governor Rick Scott. If enacted into law, the legislation will expand the range of...more

Treasury Proposes REIT Solar Regulations but Excludes Most Common Transactions

On the same day as President Obama’s speech championing solar, the Department of the Treasury proposed regulations defining “real estate assets” for purposes of the definition of a real estate investment trust (REIT). The...more

Proposed IRS Regulations Would Qualify PV Modules as Real Property under REIT Rules in Certain Circumstances

On May 9, 2014, the Internal Revenue Service (IRS) issued proposed regulations that clarify the definition of real property for purposes of the real estate investment trust (REIT) provisions of the Internal Revenue Code....more

Brownfield land in the UK: lenders' liability

In this fourth in our series of briefings on topics relevant to those involved in brownfield land, we look at the issue of lenders’ liability in respect of risks arising from brownfield sites under environmental law in...more

Department of Housing and Urban Development Adopts Updated ASTM Standard

The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD...more

Capital Infusion: Practical Environmental Considerations in Acquiring or Securing Financing with Real Estate

This article focuses on environmental due diligence issues in the context of acquiring commercial/industrial real estate or using real property to secure financing. The analysis and risk factors for the acquisition of real...more

Mining: New challenges and opportunities  [Video]

John Tivey, Global Head of Mining & Metals at law firm White & Case, presents his views on the new challenges and opportunities in the mining industry....more

Renewable Energy Update -- July 11, 2013

Renewable Energy Focus - Why aren't there more solar plants in the desert? -- The Huffington Post - Business - Jul 2: The vast and glittering Ivanpah solar facility in California will soon start sending electrons to...more

Resolving Environmental Issues in a Real Property Transaction

Prices for commercial properties are rising. Investors are buying commercial properties, malls and strip centers because returns are higher than other investments, such as government bonds. If you are considering buying or...more

California Energy Commission Amends Nonresidential Building Energy Disclosure Regulations

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use...more

IRS Revokes Ruling Finding Facility-Specific Power Purchase Agreements Are Part of the Facility

The Internal Revenue Service (IRS) recently revoked Private Letter Ruling (PLR) 201214007, which found that facility-specific power purchase agreements (PPAs) are considered part of the underlying wind energy facilities and,...more

California Sets Schedule for Non-Residential Building Energy Disclosures

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

Green Building Update -- October 9, 2012

In This Issue: Green Building Focus - Green building benefits 'need better documentation'; LEED rating system grows into global phenomenon; CBRE puts up $1M to fund green building research; AIA commits to develop public...more

Federal Legislation Introduced to Support Nonprofit Organizations Improve Energy Efficiency

Legislation introduced in the United States Senate would establish a program offering as much as $50 million per year to assist nonprofit organizations wishing to improve the energy efficiency of their buildings....more

DEP Streamlines Process for Implementing Restrictive Covenants Required for Cleanup Closure With Conditions

In June 2012, the DEP released a new revision to its Institution Controls Guidance Procedures document, which substantially streamlines the approval process associated with implementation of restrictive covenants required to...more

Distressed Properties and Environmental Liability: To Foreclose or Not to Foreclose, That is the Question

When the collateral has environmental contamination, the lender is faced with a take-it-or-leave-it dilemma, either of which poses significant financial risk. Taking a property in foreclosure may result in the lender bearing...more

Innovations and Opportunities in Energy Efficiency Finance

The purpose of this white paper is to discuss key concepts in energy efficiency finance, with a focus on emerging solutions to long-standing barriers to financing projects in the United States, as well as the specific...more

The Real Estate Green Agenda: what banks should know

Originally published in Butterworths Journal of International Banking and Financial Law - February 2012. This article highlights why it is important for lenders to be aware of the ongoing initiatives driving the...more

Green Jobs Forum Makes Greenbuild Debut

Greenbuild 2011 featured the first "Green Jobs Forum", bringing to together a diverse group from industry and government to discuss the challenges and opportunities for green job creation. A summary of the opening remarks...more

Green Building Update - February 4, 2011

In This Issue: Obama aims to sweeten retrofit incentives; GREEN BUILDING FOCUS - Please Take Our Green Building Survey!; Ruling may stall cap & trade in CA; Study: higher productivity in LEED buildings; Green is cheaper,...more

Lender Liability and the Exception to CERCLA

Lenders are making loans again. Lenders are much more cautious about the loans they are making and much more thorough with their due diligence on every piece of property. Perhaps the biggest concern for a lender (aside from...more

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