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Environmental Commercial Real Estate

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

Appellate Court Rejects CEQA Challenges to Development in Santa Ana - BB&K Team Represented City

by Best Best & Krieger LLP on

In a decision that supports both history and progress, a California appellate court on Wednesday rejected several legal challenges to a residential project on a portion of a former orchard. Representing the City of Santa Ana,...more

Conservation Easement Opportunities: Protecting Natural Resources While Receiving Tax Savings

by Ward and Smith, P.A. on

Conservation easements may be a great example of "doing well by doing good." They help conserve fish and wildlife, clean water, natural habitats, historic properties, farmland, and timberland. They also provide other public...more

West Coast Real Estate Update - May 2017 - #3

by Holland & Knight LLP on

L.A. to Legalize Residential Units Previously Created in Violation of Building Code - On May 10, 2017, the Los Angeles City Council unanimously approved an ordinance that would permit previously unapproved dwelling...more

Greater disclosure obligations for office owners

by Dentons on

Building owners’ obligations under the Building Energy Efficiency Disclosure Act - Currently, before offering to sell or lease office space over 2,000sm, owners must obtain the building’s energy efficiency rating and...more

Higher Temperatures, Rising Water Levels and Preparing for a Sea Change in Real Estate

Climatologists predict that sea levels will continue to rise in the coming years and that temperatures will increase, causing the frequency and intensity of hurricane-like storms to grow. These scenarios present challenges...more

Supreme Court of California Ruling Elevates Responsible Agency Role Under CEQA - City's EIR Erred by Failing to Fully Disclose and...

by Holland & Knight LLP on

In Banning Ranch Conservancy v. City of Newport Beach, et al., the Supreme Court of California held that lead agencies need to expressly disclose and consider the jurisdictional claims and regulatory opinions of responsible...more

Sustainable Development Update - May 2017

by Allen Matkins on

Sustainable Development Focus - How green is your city? Here's how its building practices compare to other U.S. real estate hubs - Orlando Business Journal - May 1 - The U.S. saw more than 3,400 properties win...more

Sustainable Development Update - April 2017 #4

by Allen Matkins on

Sustainable Development Focus - Closing the gap - Commercial Property Executive - Apr 20 - Green building continues its frenetic pace globally, and the numbers are staggering. Each day, 2.2 million square feet...more

Minimum Energy Efficiency Standards in buildings - Update April 2017

by Dentons on

It is now just under one year until the new Minimum Energy Efficiency Standards (or MEES) regime comes into force. From 1 April 2018, it will be unlawful for landlords to agree a new tenancy or a renewal for a property rated...more

First Quarter CEQA Update in Under 60 Seconds

by Stoel Rives LLP on

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

[Event] Nossaman's 2017 Northern California Environmental and Land Use Seminar - May 18th, Walnut Creek, CA

by Nossaman LLP on

Join us for our first Environmental and Land Use Law Update in Northern California! This complimentary seminar will be comprised of panel discussions on a spectrum of critical federal and state environmental and land use...more

LIDAR Data to the Rescue

by Cozen O'Connor on

Often in litigation, especially in flood claims, determining the vertical elevation of a land or water based structure or object is important. In a recent flood case, the elevation of the top of an earthen embankment and...more

Renewable Energy Update - April 2017 #2

by Allen Matkins on

Renewable Energy Focus - California solar spike leads to negative CAISO real-time prices in March - Utility Dive - Apr 10 - Solar capacity on the California Independent System Operator (CAISO) system spiked last...more

Disposal of Contamination = Disposal of Evidence. Be Careful What You Throw Away!

by Snell & Wilmer on

In a recent unpublished case, the Superior Court of New Jersey held that the Plaintiff in a CERCLA case had committed spoliation when, during the course of the remedial activity, it disposed of various contaminated materials....more

West Coast Real Estate Update - April 2017 #1

by Holland & Knight LLP on

San Francisco Ordinance Invalidated in Victory for Landlords - In Coyne v. City and County of San Francisco, No. A145044 (Cal. Ct. App. Mar. 21, 2017), the California Court of Appeal invalidated a San Francisco...more

California Appellate Court Upholds Negative Declaration for County "Up-Zoning" Ordinance - Aptos Council v. County of Santa Cruz...

by Holland & Knight LLP on

Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine - The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

Six Years in the Making, New Ch. 91 Flexibility Washes Ashore

Last month, MassDEP and the Massachusetts Office of Coastal Zone Management released long-awaited revisions to the regulations governing waterfront development in Massachusetts (the Chapter 91 regulations, the Designated Port...more

Sustainable Development Update - March 2017 #4

by Allen Matkins on

Sustainable Development Focus - Trump wants to cut programs that help buildings save energy. This new study says they work. Washington Post - Mar 27 New research suggests that programs for improving energy...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

by Holland & Knight LLP on

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

A reminder to get replies to enquiries right

by Dentons on

The High Court decision in First Tower Trustees Limited v. CDS (Superstores International) Limited [2017] EWHC B6 (Ch) is a salutary reminder of some of the pitfalls to avoid when providing replies to pre-contract enquiries...more

Sustainable Development Update - March 2017 #3

by Allen Matkins on

Sustainable Development Focus - When it rains, Los Angeles sends billions of gallons of 'free liquid gold' down the drain - Los Angeles Times - Mar 8 - As the Los Angeles region strives to cut its...more

CLF Takes Its MHP Fight Across the Fort Point Channel

Last week we wrote about the Conservation Law Foundation filing suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront District...more

Sustainable Development Update - February 2017 #3

by Allen Matkins on

Sustainable Development Focus - Developers find benefits to building sustainable - Bisnow - Feb 15 - Boston Properties vice president of engineering Danny Murtagh said the biggest trends in sustainable...more

Sustainable Development Update - February 2017

by Allen Matkins on

Sustainable Development Focus - Why build green? Lowered operational costs, increased staff productivity, and higher asset values - Environmental Leader - Feb 2 - Green building continues to play a...more

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