Environmental Commercial Real Estate Finance & Banking

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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

Sustainability in Leasing Series—Part I: The Green Rider

We recently had the privilege of drafting a first of its kind Green Rider for a national lending institution for use with its branch leases throughout the United States and Canada. The Rider was drafted broadly from a...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

Option Contract Template

This is an Option Contract for land and or real estate. This template is ONLY an example intended to educate the general public about real estate law and small business issues. It is not intended to be legal advice....more

Washington Court Gives Property Sellers and Buyers Another Reason to Beware of Cleanup Liability

The Washington Court of Appeals has raised the stakes for parties involved with a real estate transaction where a heating oil underground storage tank may have been used on the property. As a result of the ruling, property...more

Rogers Towers: Lender’s Protection When Foreclosing on Contaminated Property

Lenders often hold an “indicia of title” on property as a security interest for a loan. If the buyer has defaulted on the loan and contamination exists on the property, the decision to foreclose can be difficult. However,...more

Realizing The "Green" In "Green Building" Requires New Approaches To Managing Design And Construction Risks

If you develop, own, or invest in real estate, thinking "green"—as in environmentally conscious—is no longer optional. A combination of factors favoring green construction is likely to render conventional buildings...more

Enhancing the Value of California Real Estate

For decades, California has been the nation's premier thought-leader and legislative pioneer with respect to land use planning and environmental issues. While the state's goals have been lofty and its regulatory regime has...more

Back to Basics Due Diligence: Ensuring Use and Minimizing Risk

The economic downturn of the past year has inflicted a whirlwind of chaos and uncertainty upon California's commercial real estate industry. The market is volatile; financing is difficult to obtain; loan defaults and...more

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