Residential Real Estate Finance & Banking Environmental

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Sustainable Development Update - July 2016

Sustainable Development Focus - What does the future hold for green bonds and solar investment? - PV-Tech - Jul 5 - Green bonds first appeared in the market in 2007, with initial issuance from development...more

Corner Briefing: Grant and Loan Opportunities for Infill Projects

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

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19481 - JP Morgan Chase Bank, N.A. v. Mendez - After a foreclosure sale auction took place, the defendant property owner appeared for the first time and filed a motion to...more

Lost in Translation: Supreme Court Elucidates CEQA GHG Analysis, “Fully Protected” Species Take Prohibition, And Issue Exhaustion...

In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. Center For Biological...more

UK emissions reduction schemes – an update for property lenders

At the end of last year, we wrote about the energy efficiency schemes most relevant to property lenders. In this article, we set out the key developments in this area since then....more

Property Assessed Clean Energy (PACE) Legal Update – November 2015

In the past few months, we have seen some decisions regarding Property Assessed Clean Energy Loans (PACE loans) that may open the doors for additional states, counties, and local municipalities to authorize, create, and fund...more

MassDEP Agrees to Settlements with Financial Institutions to Resolve Alleged Violations of Massachusetts Environmental Laws at...

The Massachusetts Department of Environmental Protection (“MassDEP”) recently entered into consent orders with two financial institutions to resolve alleged Massachusetts environmental law violations occurring at two bank...more

PACE Financing to Jump-Start Rooftop Solar?

PACE loans can cover up to 100% of the cost of a project, depending on the specific program and the particular project. Similar to other assessments, a PACE assessment runs with the property and can be transferred to a...more

Law Amends Property Assessed Clean Energy (PACE) Programs in Virginia

On March 25, 2015, Virginia Governor Terry McAuliffe signed into law Chapter 389 of the 2015 Acts of Assembly (the Amendments). The Amendments modify Virginia's existing laws regarding property assessed clean energy (PACE)....more

Senate passes Tax Extender Package at 11th hour

The Senate passed the “Tax Increase Prevention Act of 2014? (H.R. 5771) on Tuesday night just before Congress adjourned for 2014. As Molly Bryson described in her December 5, 2014 post following the House’s passage of the...more

FHA Multifamily Rental Project Closing Document Revisions

The U.S. Department of Housing and Urban Development (HUD) has released revised closing documents that must be used for all transactions with a commitment issued after August 10, 2014. HUD has instituted a grace period in...more

Summary of HUD’s LEAN 232 Program E-Mail Blasts: Office of Residential Care Facilities (ORCF), September 22, 2014 and October 6,...

In an effort to summarize the highlights of the LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this quick synopsis of the latest LEAN update....more

HUD Notice has potential to encourage broad PHA renewable energy rollout

Housing authorities that are seeking alternate energy sources or new funding streams will be particularly interested in HUD’s latest PIH notice. It ushers in a number of programmatic changes in an effort to increase the use...more

HUD Notice Has Potential To Encourage Broad PHA Renewable Energy Rollout

In an effort to support President Obama's July 2013 Climate Action Plan, the U.S. Department of Housing and Urban Development (HUD) has issued Notice PIH-2014-18 (HA). The notice offers guidance on federal incentives for...more

Evaluating Environmental Risks in Real Estate Transactions

Evaluating environmental risks associated with real estate transactions is a standard, and often standardized, practice for sophisticated real estate practitioners. However, in light of several recent developments - the...more

HUD adopts updated standard for Phase I Environmental Site Assessments

Construction SignHUD’s Office of Housing and the Federal Housing Administration’s adoption of a new technical standard for conducting Phase I Environmental Site Assessments (“Phase I ESA”) took effect on May 16, 2014....more

Department of Housing and Urban Development Adopts Updated ASTM Standard

The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 31, 2014

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - - Sinkhole Insurance Claim: trial court was required by Fla. Stat. § 627.7074 to stay insured’s lawsuit against insurer immediately after insurer filed request for neutral...more

Do Wind Turbines Hurt Property Values?

As I last discussed in June, during the past few years, proximate property owners have increasingly raised complaints about the siting and operation of wind turbines in Massachusetts. This phenomenon is hardly unique to...more

Federal Criminal Lawyer Douglas McNabb of McNabb Associates - News On Current Federal Criminal Cases

November 9, 2012 - The Federal Crimes Watch Daily The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney. Topics Include:...more

Securitization of Renewable Energy Loans

Renewable energy sources have increasingly become a focal point of U.S. regulatory and financial institutions as well as trade associations and legislatures. One main source of interest in this regard is programs that have...more

Innovations and Opportunities in Energy Efficiency Finance

The purpose of this white paper is to discuss key concepts in energy efficiency finance, with a focus on emerging solutions to long-standing barriers to financing projects in the United States, as well as the specific...more

The Real Estate Green Agenda: what banks should know

Originally published in Butterworths Journal of International Banking and Financial Law - February 2012. This article highlights why it is important for lenders to be aware of the ongoing initiatives driving the...more

Property Assessed Clean Energy Financing Update: Federal Housing Finance Agency (FHFA) Issues Notice of Proposed Rulemaking on...

A federal housing regulator is seeking public comment as it initiates a rulemaking with regard to Property Assessed Clean Energy (PACE) programs. PACE programs permit municipalities to provide financing to property...more

Stormwater, What? Lenders Must Obtain Permits For Construction Properties in Foreclosure

Last week, the Tennessee Department of Environment and Conservation (“TDEC”) issued its new Construction General Stormwater Permit, which will impact a sector that is generally not subject to environmental regulations. Under...more

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