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Lakewood Passes Construction Defect Action Reform

On October 13, 2014, Lakewood’s City Council passed Ordinance O-2014-21, which reforms the process for handling construction defect claims on condominium projects in the City of Lakewood. The ordinance has three primary...more

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...more

MassDEP Rolls Out Third-Party Inspection Program Beginning January 2015

MassDEP’s 2014 reforms to the solid waste regulations include new requirements for third-party inspections of solid waste facilities. These changes reflect an effort by MassDEP to privatize the inspection and policing...more

An Update on Recent Oil- and Gas-Related Decisions in Ohio

Due to increased drilling activity in the Utica shale formation, state and federal courts in Ohio and the 6th Circuit have recently issued decisions related to local drilling regulations, drilling permits, leasing, indemnity...more

OPIC Issues Its First Green Guaranties – An Innovative Financing Program - The Guaranties Are Intended to Bridge the Gap Between...

The Overseas Private Investment Corporation (OPIC) has issued its first "Green Guaranties" to provide financing for a project considered to be in alignment with Green Bond Principles. The U.S. government's development...more

Enhanced Infrastructure Financing Districts: New Hope for Cities and Counties

On September 29, 2014, Governor Jerry Brown signed into law Senate Bill 628 (Chapter 785) which provides a mechanism for cities and counties to form Enhanced Infrastructure Financing Districts (EIFDs) to divert property tax...more

For Convenience Store Chains in Georgia, Leasing Business Operations to Separate Entity Can Maximize Recovery in Condemnations

In Georgia, when a convenience store chain both owns and operates a location, it should lease business operations to a separate legal entity to maximize recovery in the event of a partial condemnation. In limited...more

B.C. Supreme Court Upholds Recurring Short-Term Water Use Approvals

The B.C. Supreme Court has recently clarified the interpretation of section 8 of the B.C. Water Act. Section 8 relates to the power of the B.C. Oil and Gas Commission (OGC) to grant approvals to oil and gas companies for the...more

Texas Supreme Court Accepts a Concurrent Cause and Ordinance or Law Matter Involving Hurricane Ike

On October 3rd, the Texas Supreme Court granted a policyholder’s petition for review in a Hurricane Ike matter that potentially gives Texas’ highest court an opportunity to address several important insurance issues. They...more

New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th Onshore Licensing Round

On the 28th July 2014 the UK's Energy Minister, Matthew Hancock, invited applications for the award of new onshore petroleum exploration and development licences (PEDLs) in the 14th Landward Licensing Round. The round will...more

BLM to Overhaul Solar/Wind Rights-of-Way Regulations

Last week, the Bureau of Land Management (BLM) published a proposed rule that could alter the landscape of future renewable energy development, particularly in the American West, home to much of the country’s prime solar and...more

Georgia PSC Issues Initial Decision in “Reconstruction in Substantial Kind” Case

On September 17, 2014, a hearing officer for the Georgia Public Service Commission (PSC) issued an initial decision in a “reconstruction in substantial kind” case under Georgia’s Territorial Act, O.C.G.A. § 46-3-1 et...more

Governor Signs Off on New Tax-Increment Financing Structure

On September 29, Governor Brown signed legislation that is seen as creating a robust new financing tool which will expand the existing mechanism of Infrastructure Financing Districts (“IFDs”) and replicate some of the...more

CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA

California’s First Appellate District has held that federal law preempts CEQA’s application to the approval of proposed railroad operations. Although this was an issue of first impression for a California appellate court,...more

Can I Paint My House Bright Pink?

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool. If Susan owned a large parcel of land and sold a piece to Jason, Susan may have required that Jason...more

New Law Expands Local Control Over Massage Industry

Law Revises Legislation Set to Sunset This Year - A new law substantially revises the state’s regulation over the massage industry, including expanding cities’ and counties’ ability to regulate massage therapists and...more

Completed Condominium Units to be Exempted from ILSA Registration Requirements

A bill exempting completed residential condominium units from the burdensome registration provisions of the Interstate Land Sales Act (“ILSA”) was passed by the U.S. Senate on September 18, 2014, after earlier passage by the...more

Partition Suit Decision Could Be Problematic for W.Va. Oil & Gas Operators

Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has...more

Supreme Court of Texas Clears the Path for Future Real Property Damage Calculations

In Wheeler v. Enbridge Pipelines, the Supreme Court of Texas provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement...more

FERC Order 800 eases hydropower regulations

The Federal Energy Regulatory Commission has issued an order streamlining its regulations for some small hydropower projects. FERC Order No. 800 conforms the Commission's regulations to the Hydropower Regulatory Efficiency...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

Malian Mining Sector Update: Mining Licenses Revocations and Mitigation Strategies

On 31 July 2014, the government of Mali announced that approximately 30 % of all mining permits—spanning a surface area of more than 5,000 square miles—had been cancelled in order to “clean up the sector.” Permits revocations...more

How to Land Projects in California

Until recently, California’s state-level economic development cupboard was looking a little bare — its 400 redevelopment agencies were dissolved in February 2012, property tax increment financing has been discontinued and...more

California Energy Commission Delays Compliance With Energy Disclosure Program for Smaller Nonresidential Buildings

The California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases. The first phase took effect on January 1, 2014 and applies to nonresidential buildings of at least...more

Ivory Coast Mining Code Update: Adoption of the Implementing Legislation

As highlighted in our client alert of March 7, 2014, the Ivorian Parliament approved a new mining code (the “New Mining Code”) on March 5 which aimed at modernizing the mining sector and increasing its...more

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