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Commercial Real Estate Environmental

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

The Clean Growth Strategy - Government releases its strategy for a low carbon future

by Hogan Lovells on

On 12 October the Government released its latest strategy to promote “clean growth” in the UK. It sees clean growth as growing the UK’s national income, while cutting greenhouse gas emissions that contribute to climate...more

Oregon Targets Renewable Heating Companies for Increased Assessments

by Tonkon Torp LLP on

Biomass heating companies, which use renewable energy sources like wood, crop waste, or garbage to generate heat, will now come under central assessment in Oregon. Under central assessment, all of a company's property,...more

Protecting Purchasers in Commercial Property Transactions

by Snell & Wilmer on

Congratulations! Your company just bought a large commercial property to manufacture its widgets. Unfortunately, you just received a notice from the Nevada Division of Environmental Protection (NDEP) that the previous owner...more

Sustainable Development Update - October 2017

by Allen Matkins on

Sustainable Development Focus - Green building rapidly becoming established part of home construction Proud Green Building - Sep 28 - Green construction is rapidly gaining traction among both single family and...more

American Council for an Energy-Efficient Economy: 2017 State Scorecard (Including Arkansas)

The American Council for an Energy-Efficient Economy (“ACEEE”) has released the 2017 version of its “State Energy Efficiency Scorecard” (“Scorecard”). With a total of 14.5 out of a maximum available of 50 points, Arkansas...more

First Electric Generation. Then Transportation. What About Buildings?

October 2, 2017, EnergyWire (subscription required) reported that New York City Mayor Bill de Blasio has unveiled a plan to cap fossil fuel use in buildings in New York City. (I haven’t seen the specific plan, but it is...more

California Court of Appeal Rejects CEQA Challenge to Proposed Planned Parenthood Clinic

by Holland & Knight LLP on

• In Respect Life South San Francisco v. City of South San Francisco, California's First District Court of Appeal rejected petitioners' arguments that protests to a Planned Parenthood Clinic would cause significant...more

Limiting water depletion in water stressed South Africa through sustainable construction activities

by Dentons on

The South African construction industry is known to be a major consumer of non-renewable resources. Naturally, this contributes to waste generation, air pollution, water deletion and landfill. One such example is the...more

[Event] Nossaman's 2017 California Coastal Law Conference - October 10th, La Jolla, CA

by Nossaman LLP on

Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission,...more

South Carolina Conservation Easements for Farm and Forestry Property

by McNair Law Firm, P.A. on

There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...more

On-Site Hospital/Radium: August 25th Commonground Blog Post Addresses Assessment Question

The blog Commonground has an August 25th post addressing a question regarding the assessment of a former on-site hospital that had utilized radium to treat tumors. The blog Commonground is a forum for discussion of a...more

Sustainable Development Update - September 2017

by Allen Matkins on

Sustainable Development Focus - D.C. named world's first LEED Platinum city - WAMU - Aug 31 - The U.S. Green Building Council named Washington, D.C. the world's first LEED Platinum city last week, a...more

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

by Beveridge & Diamond PC on

Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

New South Wales Introduces Coal Mine Subsidence Compensation Scheme

by Jones Day on

Australian coal miners and landowners should prepare themselves for their roles in the new claims system. A fairer and quicker claims system is proposed....more

Courts Issue Victories To Conservation Easement Donors

by Fox Rothschild LLP on

August brought three wins for taxpayers who donated conservation easements that were challenged by the IRS. In all of the cases, terms of the conservation easement deed document carried the day....more

Interlocutory Remand Can Be Used to Supplement Agency Findings Prior to Judgment - California Court of Appeal Upholds Trial...

by Holland & Knight LLP on

• In Highway 68 Coalition v. County of Monterey, et al., California's Sixth District Court of Appeal endorses the trial court's use of interlocutory remand as a prejudgment tool to allow a lead agency to supplement deficient...more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Sustainable Development Update - August 2017 #5

by Allen Matkins on

Sustainable Development Focus - Five million commercial customers could cut costs with energy storage - Renewable Energy World - Aug 25 - The U.S. Department of Energy’s National Renewable Energy Laboratory...more

Developers and businesses take note: as the feds roll back wetland regulation, California is stepping in

by DLA Piper on

Land developers, commercial property owners and industrial entities should closely watch the major shifts in the ways significant wetland habitats are regulated, as the Trump Administration strips away relevant federal...more

Renewable Energy Update - August 2017 #3

by Allen Matkins on

Renewable Energy Focus - Solar trade case weighs whether protection will save or sink industry - Washington Post - Aug 15 - Two solar manufacturers are begging the federal government for help, arguing that...more

SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations

by Farrell Fritz, P.C. on

Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board of the Village of Tuckahoe (“Board”) and others in Murphy v....more

Environmental Issues that Arise in Retail and Other Commercial Businesses

by Murtha Cullina on

Owners, lessors, lessees, and developers of retail and other commercial properties are often unaware of the scope of environmental laws that apply to their businesses and/or properties. Unfortunately, they often become aware...more

Spate of Suits Brought by California Communities for Sea Level Rise May Change Landscape of Climate Change Litigation

by Ropes & Gray LLP on

A recent trio of cases filed in California state court seek to hold major fossil fuel companies liable for the effects of sea level rise they allege to be caused by climate change....more

EPA Issues Recommendations to Streamline Superfund Cleanup Process and Promote Site Reuse

by White & Case LLP on

On July 25, 2017, the United States Environmental Protection Agency ("EPA") Superfund Task Force (the "Task Force") released a report that aims to improve the federal Superfund contaminated site cleanup program. The policies...more

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