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Reform Wave to Wash Away Blockages to Major Australian Project Development Assessments

Following on from our 'Open for Business – a Reform Wave to Hit the Australian Resources Sector' Legal Insight in October 2013, the Productivity Commission has released its final report on Major Project Development Assessment...more

County Application for Jail Expansion State Funding Not a “Project” Requiring CEQA Review

In 2011, after the state legislature approved realignment legislation and funds to shift low-level offenders from state prisons to county jails, Orange County (“County”) applied for state funding to expand its jail facility...more

Application for State Funds Not A "Project" Under CEQA

In City of Irvine v. County of Orange (“City of Irvine”) (published and modified on November 22, 2013), the Fourth District Court of Appeal affirmed the trial court’s ruling that the County of Orange’s (“County”) application...more

Applications for Funding are Not Necessarily Projects Under CEQA - Court Clarifies Save Tara Standard

In the recently published decision in City of Irvine v. County of Orange the Court of Appeal held that the county’s approval of an application for state funding to expand a jail facility was not a project under the California...more

Judge Kenny Rejects Bond Sale to Fund California’s High-Speed Rail Line

Sacramento County Superior Court Judge Michael Kenny overruled a request from the California High-Speed Rail Authority to sell $8 billion of the $10 billion in bonds approved by voters in 2008....more

All About “Commitment”: CEQA Review is Not Triggered By Orange County’s AB 900 Application For State Funding To Expand Existing...

In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial court’s judgment denying the City of Irvine’s writ petition seeking to compel...more

Major Roadblock in High-Speed Rail Project's Track

A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny...more

Capital Infusion: Practical Environmental Considerations in Acquiring or Securing Financing with Real Estate

This article focuses on environmental due diligence issues in the context of acquiring commercial/industrial real estate or using real property to secure financing. The analysis and risk factors for the acquisition of real...more

California High-Speed Rail Authority Violated Proposition 1A

The California High-Speed Rail Authority (“Authority”) had a major setback on Friday when Sacramento County Superior Court Judge Michael Kenny ruled that the Authority had “abused its discretion by approving a funding plan...more

Renewable Energy Update -- July 11, 2013

Renewable Energy Focus - Why aren't there more solar plants in the desert? -- The Huffington Post - Business - Jul 2: The vast and glittering Ivanpah solar facility in California will soon start sending electrons to...more

MA to Issue AA+ $100m of Green Bonds on June 4

The State of Massachusetts announced that on June 4, 2013, it will issue $100 million of Green General Obligation Bonds (“GO Green Bonds”) underwritten by Bank of America Merrill Lynch....more

Breathing New Life into Brownfields – The BUILD Act of 2013

On March 7, 2013, Senators Lautenberg, Inhofe, Crapo and Udall introduced the Brownfields Utilization, Investment, and Local Development Act of 2013, which would amend the Comprehensive Environmental Response, Compensation...more

Myanmar Issues Foreign Investment Law Implementing Regulations

Summary - On January 31, 2013, the Ministry of National Planning and Economic Development released the new Implementing Regulations for the Myanmar Foreign Investment Law No. 21 (FIL No. 21). President U Thein Sein...more

Dam Removal - A US National Infrastructure Issue

Originally Published in Project Finance International, February 27, 2013. Experts estimate that approximately 85% of the 79,000 dams in the United States will approach the end of their operational life by 2020. The...more

Quebec Tightens Rules On Financial Guarantee Requirements For Rehabilitation And Restoration Plans

On February 13, 2013, a notice was published in the Gazette officielle du Québec by the Minister of Natural Resources, Martine Ouellet, announcing amendments to the Regulation respecting mineral substances other than...more

DEEP Updates Engineered Control Financial Assurance Guidance

On January 31, 2013, the Connecticut Department of Energy and Environmental Protection (DEEP) unveiled revisions to guidance on financial assurance for engineered control variances under the Remediation Standard Regulations...more

Editorial: Work For Smart Development

The Florida Department of Economic Opportunity is a relatively new state agency designed to ensure the continued growth and development of the region without hurting the preservation of our state's precious natural resources....more

Maryland Governor Proposes $1.5 Million Funding For Hydraulic Fracturing Study

As we have discussed in prior posts, Maryland has in place a de facto moratorium on shale exploration and drilling. Responding to inquiries about drilling into Marcellus shale formations in western Maryland, in 2011 Governor...more

CFIUS Update: President Blocks Ralls Transaction

As addressed in our September 27 blog, the Committee on Foreign Investment in the United States (CFIUS) was sued in U.S. District Court by Ralls Corp relating to the acquisition by Ralls of four Oregon companies whose assets...more

DEP Streamlines Process for Implementing Restrictive Covenants Required for Cleanup Closure With Conditions

In June 2012, the DEP released a new revision to its Institution Controls Guidance Procedures document, which substantially streamlines the approval process associated with implementation of restrictive covenants required to...more

State Grants Assist Development of Local Stormwater Programs

The Virginia Department of Conservation and Recreation (DCR) recently issued an RFP to solicit proposals to establish grant agreements for the development of Virginia Locality Stormwater Programs. State grant applications are...more

Florida Environmentalists Start Petition Drive for Constitutional Amendment Guaranteeing Funds for Environmental Protection Land...

This month, a new drive for environmental protection of Florida's natural resources began in a big way as the "Florida's Water and Land Legacy" campaign kicked off -- its goal: to insure there is money in the coffers to buy...more

HB503 and SB1986: More New 2012 Florida Legislation That Impacts Florida Real Estate Developers and Investors

The Florida Legislature was very busy this month, getting legislation passed and over to Governor Rick Scott's desk before the end of the 2012 Legislative Session this month. Lots of people are still combing through all the...more

A New Year, a New Outlook on the Economic Benefits of Cleaning Up the Bay?

Last week, Virginia submitted its 2012-2013 Chesapeake Bay Milestones to the Environmental Protection Agency. They will be available shortly on the Virginia Bay TMDL website at...more

Green Jobs Forum Makes Greenbuild Debut

Greenbuild 2011 featured the first "Green Jobs Forum", bringing to together a diverse group from industry and government to discuss the challenges and opportunities for green job creation. A summary of the opening remarks...more

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