Residential Real Estate Environmental

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Clean Up Green Up—Supplemental Use Districts—more regulation for three LA City Neighborhoods

On June 4, 2016, the City of Los Angeles rolls out its much-discussed Clean Up Green Up (CUGU) pilot program for three communities: Boyle Heights, Wilmington and Pacoima. Ordinance 184246, approved by Mayor Garcetti on April...more

Sustainable Development Update - May 2016 #3

Sustainable Development Focus - Energy efficiency is a must for California buildings moving forward - Los Angeles Daily News - May 14 - Energy efficient homes like those at Skylar at Playa Vista in Los...more

Update: New Legislation Creates Land Banks

Valuable Tool for Municipalities Seeking to Redevelop Brownfield Sites - On May 4, the General Assembly passed Public Act 16-115, An Act Concerning The Creation Of Connecticut Brownfield Land Banks, Certain Lender...more

Lead Paint and Drinking Water in Maine – Now Under Even More Scrutiny: Important news for owners of residential and child care...

Lead paint is a well-known problem for older homes, and lead in residential drinking water from historic plumbing is also a recognized issue in Maine. Lead can be a serious problem if children or pregnant women are exposed at...more

Renewable Energy Update - May 2015 #3

Renewable Energy Focus - Voter support for clean energy policies up since last presidential election - Solar Industry Magazine - May 18 - A new survey by Lazard Ltd., a financial advisory and asset management...more

Governor Seeks to Streamline Approval of Multifamily Housing Projects

In an effort to encourage housing production, Governor Jerry Brown has made a bold proposal to streamline the approval of certain multifamily housing projects that include a portion deed-restricted affordable units. The...more

Attention Home Improvement Contractors: CA Bill Singles Out Solar Contractors

California Assembly Bill 2699 (Gonzalez) is a bill to watch if you are a home improvement contractor that solarinstalls solar energy systems or, for that matter, a contractor in California. AB 2699 would, among other things,...more

Update – City of Los Angeles Releases List of 13,500 Soft First Story Buildings Targeted for Earthquake Retrofitting

The City of Los Angeles Department of Building and Safety (DBS) has released its list of wood frame soft-story buildings that may be required to undergo mandatory retrofitting. The list can be obtained by request to DBS, and...more

Coming Soon To A Roof Near You: Solar Panels (At Least If You Live in SF)

This week, the San Francisco Board of Supervisors enacted an ordinance that will require that the developers of all new buildings of 10 floors or less that apply for building permits after January 1, 2017 install solar PV or...more

For Virginia Land Use, Local Governments Have To Follow The Rules

Starting July 1, 2016 Virginia local governments must, in reviewing a residential rezoning or concept plan amendment, determine whether a requested land use exaction addresses an impact that is “specifically attributable” to...more

MassDEP Proposes Revisions to Facilities of Public Accommodation Regulations

After a multi-year study process involving an advisory group of stakeholders, the Department of Environmental Protection (MassDEP) is proposing revisions to regulations implementing the state waterways licensing program under...more

Two San Diego Projects Moving Forward

There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain. The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San...more

Sustainable Retail – Eco-Friendly Shopping at the Mall

Sustainability experts claim that “a good building- efficiency rating is quickly becoming the real estate equivalent of a motor vehicle’s miles-per-gallon rating and helps bring capital to owners and investors.” The National...more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team

PFOA Contamination Likely to Spur Legislative Action - The discovery of Perfluorooctanoic Acid contamination in southern Vermont drinking water has prompted legislators to examine whether more action is necessary to...more

Colorado House Votes Down Bill Giving Local Authorities Power Over Fracking

Two Democrats joined the Republicans in the Colorado House of Representatives on April 4, 2016, to defeat a bill that sought to assert local government control over oil and gas drilling. Drilling operations in Colorado have...more

Corner Briefing: California Land Reuse and Revitalization Act

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

California Environmental Law & Policy Update - April 2016

Environmental and Policy Focus - Justices suggest support for landowners in wetlands case - Bloomberg - Mar 30 - U.S. Supreme Court justices across the ideological spectrum signaled in oral argument this week...more

Does a Project’s Impact on the “Character of the Community” Need to Be Evaluated under CEQA?

Harry Rogers owned and operated a horse boarding facility called the Stock Farm, in the City of Poway, California – a city that proudly calls itself the “City in the Country.” Rogers wanted to shut down the Stock Farm and...more

Real Estate and Land Use - March 2016

A Rare Win for Former Redevelopment Agencies—State Collection Procedures Ruled Unconstitutional - City of Bellflower v. Michael Cohen, Director of the Department of Finance (245 Cal. App. 4th 438) - Why It Matters:...more

Are Corps Jurisdictional Decisions Final Agency Action? It Appears So. Is This a Good Thing?

According to the trade press, today’s argument in Army Corps of Engineers v. Hawkes did not go well for the government. Pretty much the entire Court was seen as likely to conclude that Corps jurisdictional determinations are...more

NYDEC Proposes Revisions to Brownfield Cleanup Program

The New York Department of Environmental Protection (DEC) has published notice regarding the proposed revisions to the Brownfield Cleanup Program (BCP) regulations. The revisions provide a minor revision to the term...more

About those calls from MassDEP…

Last month, we wrote about MassDEP’s trichloroethylene (TCE) site reevaluation initiative. MassDEP has begun the process of screening sites previously closed under the MCP to look for sites where TCE might exceed the new...more

FWS Proposes Revisions to Development Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

Polluter Still Pays: BC Court of Appeal Upholds Award of Damages Against Historical Polluter

The British Columbia Court of Appeal upheld a lower court decision ordering ICI Canada Inc. (now PPG Architectural Coatings Canada Ltd) to pay $4.75 million in remediation costs following a trial which enforced the “polluter...more

Tenth Circuit holds that environmental contamination case doesn’t require remand under Class Action Fairness Act’s “local...

Although the Class Action Fairness Act of 2005 (CAFA) permits most significant class actions to be heard in federal court, the law requires district courts to remand so-called “local controversies” to state court. A “local...more

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