Residential Real Estate, Energy & Utilities Law, Environmental Law

The Department of Energy Establishes Uniform Protocols for Determining Energy Efficiency Savings

by Mintz Levin - Energy & Clean Technology on 5/20/2013

The Department of Energy has just published a new series of protocols for calculating the savings from energy efficiency upgrades in homes, commercial buildings, and industrial facilities. Although voluntary, the new...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

California City Enacts Law Requiring Solar Energy Systems on Most New Homes

by Jason Barglow | Foley & Lardner LLP on 5/6/2013

The city of Lancaster, California recently adopted an ordinance requiring builders of most new homes to install functional solar power generation systems on these homes prior to their sale to the public. The law is believed...more

Maryland to Impose New Stormwater Remediation Fee; Virginia Enacts Congestion Relief Fee

by Roberto Garcia | Pillsbury Winthrop Shaw Pittman LLP on 5/6/2013

Lawmakers in Maryland and Virginia have approved the imposition of certain new fees on property owners in various jurisdictions. Maryland property owners in nine counties and one city face the imposition of a Stormwater...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

BLM Issues Right-of-Way Application Rule In An Effort To Spark Renewable Energy Development

by Ben Rubin | Nossaman LLP on 5/1/2013

As reported earlier today by a number of news outlets (see for example this KCET article by Chris Clarke), the Bureau of Land Management ("BLM") will be issuing a Final Rule to facilitate right-of-way applications for lands...more

Overriding Interest - Spring 2013

by Steven D. Cox, Bonny Hedderly, Rupeena Purewal | K&L Gates LLP on 4/24/2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors...more

Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With...

by Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/24/2013

A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more

Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information

by William R. Devine | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

The recent California appellate court decision in Concerned Dublin Citizens v. City of Dublin, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2013, upheld a City's affirmation that residential developments are exempt...more

Court Upholds CEQA Exemption for Residential Development - Minor Project Tweaks and New Greenhouse Gas Thresholds Don’t Trigger...

by Sarah E. Owsowitz, Charity B. Schiller | Best Best & Krieger LLP on 4/4/2013

In a recent case involving the California Environmental Quality Act, a state appellate court upheld a city’s decision to exempt from environmental review a residential development because it was consistent with a broader...more

New Significance Standard For Greenhouse Gas Emissions Is Not New Information Triggering Supplemental CEQA Review

by Marc Bruner, Stephen Kostka | Perkins Coie on 4/3/2013

In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more

Green Building Update -- March 29, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 4/1/2013

In This Issue: Green Building Focus - Father of LEED offers insight into rating system; AltBuild Expo coming to Santa Monica; Los Angeles to promote adoption of "cool roof" technology; PA bundles residential energy...more

Maine DEP Publishes Revised Remedial Action Guidelines On Hazardous Substances For Comment

by Thomas Doyle, Kenneth Gray, Dixon P. Pike | Pierce Atwood LLP on 3/18/2013

The Remedial Action Guidelines (RAGs) are useful – if conservative – default cleanup guidelines used by the Maine Department of Environmental Protection (DEP). DEP proposed changes in 2012, and has just proposed changes...more

CEQA: Reforming California's Landmark Environmental Law

by Michelle Ouellette | Best Best & Krieger LLP on 3/5/2013

California has always been on the cutting edge when it comes to environmental protection. Nowhere is this more apparent than in the adoption and implementation of the California Environmental Quality Act, frequently referred...more

Smart Contracting For Green Design And Construction

by Joyce Hackenbrach | Pepper Hamilton LLP on 2/25/2013

Originally published in Green Building News, February 20, 2013. Successful green building requires more planning and, preferably, a greater degree of integration in overall project delivery, than building without green...more

"SEC Filing Illustrates Recent REIT Trend: Holding and Financing Renewable Energy Assets"

by Lance Brasher, Martin Klepper, David Levy, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 2/22/2013

Sponsors and investors have been paying much attention to the potential use of real estate investment trust (REIT) structures to hold and finance renewable energy assets in a tax-efficient way. A recent SEC filing by Hannon...more

Green Building Update -- February 21, 2013

by Bryan C. Jackson, Andrew Ouvrier | Allen Matkins Leck Gamble Mallory & Natsis... on 2/22/2013

In This Issue: Green Building Focus - GSA may abandon LEED certification; Green roof on California university dorm; CA nonresidential energy use disclosure rules take effect; Boston Properties acquires 535 Mission...more

Would You Be Annoyed If Your Neighbor Installs A Wind Turbine?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/15/2013

In 2009, the Nevada legislature enacted a statute intended to remove private barriers to landowners’ harnessing of wind energy...more

Hydraulic Fracturing: New Developments in Water Disposal Reuse and Recycling

by Jackson Walker on 2/1/2013

In This Presentation: • Water Consumption & Reuse Projections • Regulatory Overview – Federal: UIC exempton/EPA Study – State: RRC MOU/Rule Proposals • Property, Ownership, and Common Law Issues • Earthquake...more

Urban Land Institute: Land Use Experts Ponder How Climate Change Will Impact Real Estate Development in the Future - What Can...

by Rosa Eckstein Schechter on 1/29/2013

Last month, the international non-profit land use thinktank, the Urban Land Institute, held a meeting of minds to ponder the future of coastal land development and how climate change (global warming) is influencing land use...more

Bilzin Sumberg Baena Price & Axelrod LLP

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Residential Real Estate › Energy & Utilities Law › Environmental Law