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Cities Alive: The Future of Green Infrastructure

If you follow the construction industry you know that green is the new gold. As well as LEED bronze, silver and platinum. Green building, which not long ago conjured images of hippie architects and wealthy eccentrics,...more

Ruling May Put The Brakes On Some CEQA Investigations

For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more

California’s New Building Energy Efficiency Standards to Go Into Effect July 1, 2014

California builders should be aware of a new set of energy efficiency standards set to go into effect on July 1, 2014. The California Energy Commission’s Energy Efficiency Standards (Standards) were promulgated in 1977 to...more

Mainebiz Real Estate Insider – The Winds of Change: Maine’s Transitioning Forest Products Industry

Maine’s economy has faced a difficult transition. Gone are the days of robust and stable economic growth based on our abundance of tangible natural resources. In weathering the consequences of the electronics age for our pulp...more

EPA Approves the New Phase I Standard

Many in the construction industry are familiar with Phase I testing as the first step in identifying environmental risk to any site. Since 2005, the industry standard for a Phase I has been the ASTM E 1527-05. Recently,...more

Green Law Corner: What LEED v4 Means for You

In late 2013, the U.S. Green Building Council released its latest version of LEED, Version 4. Most of you have certainly heard of LEED but you may not know what LEED really means. LEED stands for Leadership in Energy and...more

Legal Alert: Marvin M. Brandt Revocable Trust v. United States: Supreme Court Opens the Door to Potential Fifth Amendment Takings...

In what is commonly known as a rails-to-trails case, the U.S. Supreme Court held on March 10, 2014, in an eight-to-one decision, that certain railroad rights-of-way revert to private property owners following the railroad’s...more

California Building Energy Efficiency Standards Delayed to July 1, 2014

The California Contractors State License Board (“CSLB”) has issued an Industry Bulletin providing further information regarding the delayed implementation of the California Building Energy Efficiency Standards which has been...more

Real Estate Tip - Green Building Market Expected to Grow to $83B by 2016

In the last two years a significant number of studies and reports have shown that the trend toward green construction is unmistakable. On the commercial side, more than 60% of firms worldwide report that they are planning new...more

New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties

This is an important legal development for any company that is cleaning up an old contaminated site in New Jersey and requires more time to complete the remedial investigation. ...more

CEQA Reform: In Like a Lion, Out Like a Lamb

The past legislative session held the prospect for significant reform of the California Environmental Quality Act (CEQA). After the dust settled though, the only proposal able to survive the legislative gauntlet was one...more

The New Environmental Due Diligence Standard Saga Continues

To supplement our prior blog posts with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I...more

Members Seek Update to Comprehensive Environmental Response Compensation and Liability Act

On January 9, the U.S. House of Representatives passed H.R. 2279, the Reducing Excessive Deadline Obligations Act. The package, composed of three separate bills, seeks to modernize existing federal law and increase the role...more

Governor Christie Signs Legislation to Extend Site Remediation Reform Act

On January 21, 2014 Governor Christie signed legislation that extends the Site Remediation Reform Act regarding the requirement for property owners with known contamination that occurred prior to 1999 to submit a Remedial...more

The New ASTM Phase I Standard

On December 30, 2013, a new standard for Phase I Environmental Site Assessments (“Phase I”), known as E1527-13 Phase 1 Standard for Environmental Site Assessments (“2013 ASTM Standard”) was adopted by the Environmental...more

“Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the...

The Orange County Board of Supervisors (“Board”) approved a proposed senior citizen living community (“Project”) on a seven-acre parcel, creating a new zoning definition for senior residential housing and rezoning the parcel...more

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust...more

LEED Silver Requirement To Be Introduced in Montgomery County

On January 21, Montgomery County Councilmember Roger Berliner will introduce 13 legislative initiatives to increase the County's commitment, in the public and private sector, to reducing greenhouse gas emissions by 80 percent...more

Contaminated but Remediated Soil and Cortese Listing Does Not Compel Preparation of EIR

As 2013 came to a close, the California court of appeal in Parker Shattuck Neighbors v. Berkeley City Council (1st Dist., Div. 4, 12/30/13, A136873) ___Cal.App.1st___, 2013, upheld the City of Berkeley’s decision not to...more

The Emerging Non-Expansive View of CERCLA Liability: The Decline of Tanglewood East

The specter of environmental harm used to frighten courts and spawned a generation of decisions extending Superfund liability to virtually any party with a nexus to a site that was contaminated. One case that signaled just...more

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in...more

US EPA Approves New Standard for Conducting Phase I Environmental Site Assessments

The United States Environmental Protection Agency (EPA) recently issued its final rule amending the standards and practices for conducting environmental "all appropriate inquiries" to include a new standard recently made...more

U.S. EPA Approves ASTM E1527-13 for Application to the All Appropriate Inquiry Rule

Effective December 30, 2013, the United States Environmental Protection Agency (EPA) has amended its “All Appropriate Inquiries” Rule (AAI Rule) to reference the recently published American Society for Testing and Materials...more

EPA Adds An Additional ASTM International Standard To “All Appropriate Inquiry” For Environmental Assessments

As stated in the Federal Register, effective December 30, 2013, the “All Appropriate Inquiry Rule,” found at 40 CFR Part 312.11 was amended to add as paragraph (c)- a reference to ASTM International’s E1527-13 “Standard...more

Revised Phase I Environmental Assessment Standard Issued

On November 6, 2013, ASTM International issued its revised Phase I Environmental Assessment Standard, E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” Perhaps...more

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