Environmental Law, Commercial Real Estate, Residential Real Estate

Vapor Intrusion Developments

by Martin Booher, Maureen Brennan | BakerHostetler on 5/13/2013

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...more

Towards Not Reinventing The CEQA Wheel: Resources Agency Adopts New CEQA Guidelines For Streamlined Review of Urban Infill...

by Arthur F. Coon, Matthew Henderson | Miller Starr Regalia on 5/9/2013

Repetitive CEQA review and analysis is expensive, unnecessary, unproductive, and inimical to the goals of certainty and finality in the environmental review process. In 2011, to address these concerns in the infill...more

Vapor Intrusion -- EPA Offers Guidance For Comment, But Now More Issues Than Ever

by Kenneth Gray | Pierce Atwood LLP on 5/8/2013

After being taken to task by states and its own Inspector General for lack of final guidance on Vapor Intrusion, EPA has just released draft guidance documents for hazardous substances and petroleum products for comment. The...more

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

by Barbara Casey, Ronald Varnum, Harry Weiss | Ballard Spahr LLP on 5/7/2013

The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by...more

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

by Roberto Garcia | Pillsbury Winthrop Shaw Pittman LLP on 5/6/2013

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater...more

Site Assembly

by Hopkins & Carley on 5/2/2013

The “good old days” of formal redevelopment are over. Real estate developers no longer can negotiate to assemble development sites under the threat of condemnation. Silicon Valley developers now face serious challenges in...more

BLM Issues Right-of-Way Application Rule In An Effort To Spark Renewable Energy Development

by Ben Rubin | Nossaman LLP on 5/1/2013

As reported earlier today by a number of news outlets (see for example this KCET article by Chris Clarke), the Bureau of Land Management ("BLM") will be issuing a Final Rule to facilitate right-of-way applications for lands...more

Overriding Interest - Spring 2013

by Steven D. Cox, Bonny Hedderly, Rupeena Purewal | K&L Gates LLP on 4/24/2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

by Wally Braul, Laura Gill, Michael Theroux | Bennett Jones LLP on 4/23/2013

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

EPA Draft Vapor Intrusion Guidance Is Now Subject To Public Comment

by William J. Walsh | Pepper Hamilton LLP on 4/22/2013

The Environmental Protection Agency (EPA) has released and is seeking comments on draft general guidance on methods of addressing indoor vapor intrusion (VI) from contaminated soil and groundwater plumes (Draft VI Guidance)...more

Changes in TPDES General Construction Permit Require Endangered Species Act Consideration

by Alan Glen, Brooke Wahlberg | Sedgwick LLP on 4/9/2013

On February 19, 2013, the Texas Commission on Environmental Quality (TCEQ) issued a revised Texas Pollution Discharge Elimination System (TPDES) Construction General Permit TXR150000 (Permit). This new Permit, effective...more

Green Building Update -- March 29, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 4/1/2013

In This Issue: Green Building Focus - Father of LEED offers insight into rating system; AltBuild Expo coming to Santa Monica; Los Angeles to promote adoption of "cool roof" technology; PA bundles residential energy...more

Q&A With Bilzin Sumberg's Howard Nelson

by Howard Nelson | Bilzin Sumberg Baena Price & Axelrod LLP on 3/29/2013

Originally Published in Law360 on March 28, 2013. Howard Nelson, chairman of the environmental practice group at Bilzin Sumberg Baena Price & Axelrod LLP, has experience in environmental and land use law and zoning and...more

Integrating NEPA and NHPA Section 106 Reviews: New Guidance Document Provides Useful Advice, But Leaves Some Questions Unanswered

by Elizabeth Lake | Holland & Knight LLP on 3/21/2013

The Council on Environmental Quality (CEQ), as part of its effort to modernize and reinvigorate the National Environmental Policy Act (NEPA), released two handbooks on March 5, 2013, that provide regulatory guidance to...more

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Environmental Law › Commercial Real Estate › Residential Real Estate

Vapor Intrusion Developments

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

Towards Not Reinventing The CEQA Wheel: Resources Agency Adopts New CEQA Guidelines For Streamlined Review of Urban Infill...

Vapor Intrusion -- EPA Offers Guidance For Comment, But Now More Issues Than Ever

New Jersey Takes Emergency Action To Speed Rebuilding after Hurricane Sandy

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

Site Assembly

BLM Issues Right-of-Way Application Rule In An Effort To Spark Renewable Energy Development

Overriding Interest - Spring 2013

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

EPA Draft Vapor Intrusion Guidance Is Now Subject To Public Comment

Changes in TPDES General Construction Permit Require Endangered Species Act Consideration

Green Building Update -- March 29, 2013

Q&A With Bilzin Sumberg's Howard Nelson

Integrating NEPA and NHPA Section 106 Reviews: New Guidance Document Provides Useful Advice, But Leaves Some Questions Unanswered

Maine DEP Publishes Revised Remedial Action Guidelines On Hazardous Substances For Comment

CEQA: Reforming California's Landmark Environmental Law

Real Estate Tip: LEED Certification and Energy Efficiency Part 2

Building Energy Reporting Comes To Boston (Almost)

Smart Contracting For Green Design And Construction

Green Building Update -- February 21, 2013

CEQA Update: Some Good News for Developers

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

Are Courts Actively Limiting CEQA’s Scope In The Absence Of Meaningful Legislative Reform?*

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