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Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore...more

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

Real Estate and Land Use - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules...more

Scotland: The Assessment of Energy Performance of Non-domestic Buildings Regulations 2016 - Buildings on the market before 1...

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 come into effect on 1 September 2016. From that date, owners of pre 2002 non-domestic buildings or "building units" in Scotland with a...more

Sustainable Development Update - August 2016 #3

Sustainable Development Focus - Freddie Mac announces multifamily green building financing initiative - Energy Collective - Aug 13 - Freddie Mac announced last week their Multifamily Green Advantage program, a...more

California Environmental Law & Policy Update - August 2016 #2

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

Pierce Atwood Environmental Regulatory Compliance Calendar

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Sustainable Development Update - August 2016

Sustainable Development Focus - REIT reporting standards for sustainability lack consensus REIT.com - Jul 29 - There are roughly a dozen or so real estate sustainability standards competing for the attention...more

Wolverine Pipe Line Company filing Condemnations in Washtenaw County for Detroit Multi Access Project

Wolverine appears to be staging the filing of lawsuits to secure rights from larger, commercial properties in Washtenaw County before implementing processes against residential properties in Wayne and Washtenaw...more

Sustainable Development Update - July 2016 #3

Sustainable Development Focus - Net-zero energy Brock Environmental Center in Virginia turns rainwater into drinking water - Inhabitat - Jul 14 - A new building in Virginia Beach is raising the bar for...more

Sustainable Development Update - June 30, 2016 | Newsletters

Sustainable Development Focus - Planned investment in energy efficiency hits all-time high - Facility Executive - Jun 23 - Interest and investment in energy efficiency are at an all-time high, according to the...more

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Sustainable Development Update - June 2016 #3

Sustainable Development Focus - A suburban experiment aims for free energy - New York Times - Jun 3 - At first glance, Anthony and Vanessa Genau’s home in a subdivision beneath the San Gabriel Mountains is like...more

Sustainable Development Update - June 2016

Sustainable Development Focus - Solar microgrid to ‘green’ Port of Los Angeles - Microgrid Knowledge - May 30 - The Port of Los Angeles, North America’s largest port, plans to install a $26.6 million solar...more

California Environmental Law & Policy Update - May 2016 #4

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...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

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

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

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

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

My Compliments to DTE

DTE acts quickly and reasonably to settle Milford bypass case. Since I previously wondered whether DTE was engaging in chicanery by providing a construction document that identified the proposed location of the easement...more

State Well Permit Prevails Over Local Zoning – Again

The state laws of Louisiana regulating oil and gas exploration and production will trump local regulations. See St. Tammany Parish Government v. State of Louisiana, Office of Conservation. (Forgive us for that word that...more

Pennsylvania Jury Awards $4.2 Million in Groundwater Contamination Case

On Thursday, a federal jury in Pennsylvania ordered Cabot Oil & Gas to pay more than $4.2 million in damages to two Pennsylvania families who sued in 2009 alleging that the Texas-based company’s drilling operations...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

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