News & Analysis as of

Environmental Construction

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

Baker-Polito Administration Launches Programs for Affordable Access to Clean Energy

The Baker-Polito Administration recently announced a set of six new programs seeking to increase affordable access to clean energy and energy efficiency programs in the Commonwealth. These new programs build upon the efforts...more

Mexico Introduces Industrial Safety and Environmental Protection Provisions for Hydrocarbon Pipelines

by Jones Day on

On March 31, 2017, the Ministry of Environment and Natural Resources published general administrative provisions in the Official Gazette of the Federation. These administrative provisions establish the guidelines for...more

Rusty Patched Bumble Bee Listing Begins to Sting

by Locke Lord LLP on

On April 17, 2017, a federal judge in the Northern District of Illinois granted a temporary restraining order halting construction of a six-mile stretch of highway in suburban Chicago in response to allegations by project...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

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

California SB 71 Could Give New Meaning—and New Construction Costs—to the Word “Sunroof”

For builders working in California—already one of the most expensive states for new construction—a new bill winding its way through the legislature could add yet more costs. For this reason, Senate Bill 71 (SB 71) should be...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

Planning highlights from 2016 and looking forward to 2017

by DLA Piper on

There is no way of getting away from it – housing has dominated planning changes and proposed further reform. It represents the focus running through the Government's planning reform proposals over the last year and is set to...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

D.C. Remediation Contract Can Trigger Duties to Third Party at Construction Site

by Beveridge & Diamond PC on

In a case highlighting common-law tort duties that can arise from contractual relationships, an environmental contractor at a construction site may be liable to a subcontractor's employee who claims he was injured when...more

Tidal lagoons - turning the tide

by DLA Piper on

This article was originally published in Building.co.uk, and is reproduced with permission. Charles Hendry, an ex-energy minister, found in his recently published report that tidal lagoons can play a cost effective role in...more

EPA Issues Formaldehyde Emission Standards for Composite Wood Products

by Williams Mullen on

Title VI of the Toxic Substances Control Act authorizes EPA to reduce formaldehyde exposures from composite wood products, and EPA recently did so by promulgating its long-anticipated Formaldehyde Emission Standards for...more

New Water Supply Planning Laws Affecting CEQA Projects Now in Effect

by Miller Starr Regalia on

New California legislation affecting the required water supply analyses that must be made for certain projects subject to CEQA (SB 1262) was signed into law by Governor Brown last fall, and is now effective as of January 1,...more

West Coast Real Estate Update: January 2017 #2

by Holland & Knight LLP on

California Prepares for Possible Rollback of Federal Water, Wetlands Regulations - Scott Pruitt, President Donald Trump's pick to lead the Environmental Protection Agency (EPA), has discussed eliminating what he...more

New Construction Stormwater Permit Includes Contentious Liability Provision

On January 19, 2017, the EPA published the 2017 Construction General Permit (CGP) which becomes effective February 16, 2017, replacing the 2012 version. The five-year permit includes all stormwater discharges at construction...more

Developers take note: What you need to know about proposed changes to the Environmental Planning and Assessment Act 1979

by Dentons on

After his predecessor failed to push through a whole new Planning Act in 2013, the current Planning Minister, Rob Stokes, appears to have accepted that he is stuck with the ageing Environmental Planning and Assessment Act...more

On the Horizon

by DLA Piper on

Welcome to the January 2017 edition of "On the Horizon" - the mining sector's guide to relevant upcoming legal, commercial and regulatory changes and developments. - In this guide, you will find ... Please see full...more

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

by Miller Starr Regalia on

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance...more

US Fish and Wildlife Service Finalizes Eagle Rule Revision

by Latham & Watkins LLP on

On December 14, 2016, the US Fish and Wildlife Service (FWS) finalized its proposed revisions to the Eagle Rule (Final Rule) and released its Record of Decision (ROD). The Final Rule allows companies and others to obtain...more

Too much, too fast, too soon: Stakeholders react to the Government of Ontario's coordinated review of the provincial plans

by Dentons on

During the first quarter of 2015, the Government of Ontario (the Province) initiated a coordinated 10-year review of Ontario’s four land use plans (the Coordinated Review): (1) the Growth Plan for the Greater Golden Horseshoe...more

IRS Issues New Guidance on the Beginning of Construction Safe Harbor For Renewable Energy Projects

by Foley & Lardner LLP on

The IRS recently issued Notice 2017-4 (the “Notice”) which makes two important changes to its “beginning of construction” rules for taxpayers seeking to take advantage of the section 45 renewable electricity production tax...more

Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze...

by Miller Starr Regalia on

In an opinion filed November 29, and belatedly ordered published on December 22, 2016, the First District Court of Appeal affirmed the trial court’s denial of a writ petition challenging on CEQA grounds the San Francisco...more

Land Use Matters, Alston & Bird LLP, November/December 2016

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

IRS Further Updates Beginning of Construction Guidance for Renewable Energy Tax Credits

On December 15, 2016, the Internal Revenue Service (IRS) issued Notice 2017-04, which updates prior guidance regarding the beginning of construction requirement for renewable energy tax credits under IRC sections 45 and 48. ...more

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