Zoning, Planning & Land Use Construction Energy & Utilities

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Sustainable Development Update - June 2016 #2

Sustainable Development Focus - There's a way to invest in a cleaner environment, and the market is booming - Business Insider - Jun 6 - Summer is coming, and green bonds are blooming. Issuers of such bonds...more

FERC Grants Extension of Time for Natural Gas Storage Company to Construct Expansion Facilities Over More Than 250 Comments in...

On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more

West Coast Real Estate Update: May 2016 #2

San Francisco Requires Solar Panel Installation on New Buildings - Last month, the City of San Francisco passed an ordinance requiring all new buildings to include solar energy systems. California law currently requires...more

Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

Sustainable Development Update - April 2016

Sustainable Development Focus - Green Buildings are good for the environment, occupants, and the bottom line - CBRE - Apr 14 - Green buildings are good for the environment—that is well known. But what benefits...more

Jordan Cove LNG Setback

In a move that surprised some industry observers, on March 11, 2016, the Federal Energy Regulatory Commission (FERC) issued an order (the “Order”) that (i) denied Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) application...more

FERC denies Oregon LNG project applications

U.S. energy regulators have denied applications to site, construct, and operate the proposed Jordan Cove liquefied natural gas (LNG) export terminal, an associated pipeline and related facilities slated for development in...more

Inflatable flashboards meet historic dam

A hydropower project in Lowell, Massachusetts won the right to replace wooden flashboards with an inflatable pneumatic crest gate system -- and now seeks to modify provisions requiring specific actions to mitigate impacts on...more

Effects on project finance loans of the new incentive replacing Green Certificates

The entry into force of Articles 19 and 30 of the Ministerial Decree 6 July 2012 (so-called FER Decree) with effect as from January 1, 2016, which replace the green certificates scheme with a new incentive, has an impact on...more

MPSC Approved Wolverine Pipe Line Project in Wayne and Washtenaw Counties

Wolverine Pipe Line Company received the administrative approval that is a prerequisite to it acquiring necessary property rights and constructing its project. On June 17, 2015, Wolverine Pipe Line Company filed anApplication...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

The Historic Drought Has Killed Your Lawn, Will It Do The Same To The Construction Industry?

After three years of a historic drought, Californians are now subject to mandatory water rationing, bans on washing cars, and water “only on request” at restaurants. In 2015, California saw a number of new laws, regulations...more

New Law Streamlines Federal Permitting and Environmental Review Processes

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

Sustainability in Retail: Going Strong and Expected to Continue

The COP21 meeting has been underway for the last week, with just a few more days left to go. The meeting, an annual session which started following the 1992 United Nations Framework on Climate Change, brings together...more

California Supreme Court Charts New Course For Climate Change Analysis

Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold. On Monday November 30, 2015, the California Supreme Court...more

Massachusetts State Building Code Update: 9th Edition Anticipated to be Issued without Concurrency Period

The Massachusetts State Board of Building Regulations and Standards (the “State Board”) has announced that it expects to issue the 9th Edition of the Massachusetts State Building Code in the first half of 2016, which will...more

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

Lesser Prairie Chicken Listing Vacated by Federal Court - What It Means for Energy Development

Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

State Water Board Extends Storm Water Permit Deadline to Aug. 14

On Wednesday, July 1, the California State Water Resources Control Board (SWRCB) announced it would extend the deadline for enrolling under the new Industrial General Permit (IGP) for Storm Water Discharges (Permit No....more

SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

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