Residential Real Estate Energy & Utilities

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Real World - An Update from Dechert's London Finance and Real Estate Group July 2015: Energy Efficiency in the Rented Sector

The UK government has a target to reduce greenhouse gas emissions by at least 80% by 2050, compared to the 1990 baseline. As domestic buildings were responsible for 25% and non-domestic buildings for 12% of total carbon...more

UK Government Announces Further Shake-up to RO and FIT Regime for Solar PV

Following the closure of the RO regime to new solar ground mounted projects with a capacity of more than 5MW which were commissioned after 31 March 2015, the government has today announced a further shake-up of the subsidy...more

Claims for Defective Solar Panels Are Covered by CGL Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general...more

Another Lease Termination Case, a Different Ending

We recently discussed failure to produce in paying quantities. Another decision involving the same lessee had a different result. Why? The question in both cases was whether the well was capable of producing in paying...more

EPA Issues Vapor Intrusion Guidance

Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. ...more

Housing and Sustainability Projects in California Awarded Millions

The Strategic Growth Council approved nearly $122 million in grants for 28 affordable housing and sustainability projects across California, according to an article in the California Planning & Development Report. This...more

California Supreme Court Grants Review in San Buenaventura Groundwater Pumping Fees Case

Appellate Court Decision Held that the Pumping Fee is Subject to Prop. 26 and is not a Property-Related Fee Subject to Prop. 218 - Two California Appellate Court decisions handed down in March addressed whether or not...more

An Air of Cooperation: The Residential Zero Net Energy Action Plan and its Implications for Local Governments and Agencies

The California Energy Efficiency Strategic Plan, first published by the California Public Utilities Commission in 2008 and updated in 2011, outlines California’s strategic goals to increase energy efficiency across myriad...more

Distressed Downloads - June 2015

A Battle in the Making in the Oil and Gas Sector: Second Lien vs. High Yield Debt - In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds. These...more

Texas Becomes First State to Ban Fracking Bans

On May 18, 2015, Texas Governor Greg Abbott signed House Bill 40 into law, putting restrictions on the ability of municipalities to regulate the oil and gas industry in their jurisdictions. Because the bill passed both the...more

Orrick's Financial Industry Week in Review

Fair and Effective Markets Review Publishes Final Report - On June 10, 2015, the Fair and Effective Markets Review (FEMR), established by the Chancellor in June 2014 to conduct a review of fixed income, currency and...more

Defendants Saved by Louisiana Subsequent Purchaser Rule

Another Louisiana court has ruled that the Subsequent Purchaser Rule applies to damages following a mineral lease. In Bundrick v. Anadarko Petroleum Corp. it is the 3rd Circuit. The Rule: An owner of property...more

Pennsylvania Joins Oklahoma, Bans Homeowners Insurers From Attributing Earthquakes to Fracking

Last month we reported that the Oklahoma Insurance Commissioner had issued a bulletin cautioning earthquake insurers against denying claims on the basis that the quake was attributable to a man-made cause, which is to say oil...more

State Board Issues Curtailment Notices of Surface Water Rights Diversions

Just as it did in 2014, the State Water Resources Control Board has issued several notices of curtailment for surface water rights holders in various watersheds because California’s extreme drought has resulted in...more

Five Georgia Environmental Bills to Watch in 2015

Georgia legislature warms up to solar panels, gets protective of coastal marshes, withdraws support for electric cars, and sacrifices LEED certifications in favor of jobs. April 2, 2015 marked final adjournment of the 2015...more

Construction Law Update - May 2015

Today’s newspapers in the central Pennsylvania area have been fraught with concerns and questions regarding the construction of the William’s gas pipeline running from the Marcellus Shale areas of Pennsylvania to the east...more

June Expiration of Select New York City Residential and Commercial Incentive Programs

Four major New York City based incentives programs for residential and commercial property owners and tenants are scheduled to sunset in June. Depending on individual circumstances, there may be an opportunity to vest...more

California Supreme Court Hears Oral Argument Over City’s Inclusionary Housing Set-Aside

On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more

Update on Two Recent California Eminent Domain Cases

I wanted to provide a quick update on two recent cases from the California Court of Appeal. The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more

Recent Court of Appeals Decision Guts Force Majeure Clauses in Most Oil and Gas Leases

On March 31, 2015, the New York State Court of Appeals issued an opinion in the case of Walter R. Beardslee, et al. v. Inflection Energy, LLC, et al., interpreting the applicability of force majeure clauses to extend the...more

Senator Allain Proposes Mandatory Mediation in Legacy Lawsuits

Legacy litigation refers to hundreds of lawsuits in Louisiana seeking damages allegedly related to environmental harm caused by oil and gas exploration and production activities. These lawsuits have been likened to winning...more

Colorado Court Ruling Confirms Role of Colorado Oil and Gas Conservation Commission in Resolving Royalty Disputes

It is not uncommon for royalty disputes between mineral lessors and operators to increase as oil and natural gas prices decrease. Before mineral lessors go running to the courthouse in Colorado, however, and before operators...more

New York State Passes Budget that Continues Tax Incentives for Solar Installations

Last week, New York State enacted a budget for the fiscal year 2015-16 (i.e., April 1, 2015 to Mar. 31, 2016) that continues two tax incentives for the installation of solar energy systems: (1) tax credits...more

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy...more

New Mandate: If you like your water heater you can keep it; but replacing it will be expensive.

Effective April 16, 2015, there will be significant changes to water heater energy factor requirements as the result of updates to the National Appliance Energy Conservation Act (“NAECA”). The new requirements call for higher...more

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