Zoning, Planning & Land Use Tax Environmental

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California Environmental Law & Policy Update - May 2016 #2

Environmental and Policy Focus - Some emergency drought rules might be eased - Los Angeles Times - May 9 - Governor Jerry Brown and the State Water Resources Control Board (SWRCB) on Monday laid out a revised...more

Can Solar Reboot Your Coal-Fired Plant Site?

The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site....more

Real Estate and Land Use - March 2016

A Rare Win for Former Redevelopment Agencies—State Collection Procedures Ruled Unconstitutional - City of Bellflower v. Michael Cohen, Director of the Department of Finance (245 Cal. App. 4th 438) - Why It Matters:...more

2016 Minnesota Session Begins

Acrimony and Lengthy Debate - The 2016 Minnesota Legislative Session convened at noon on Tuesday, March 8. With a condensed ten week calendar, it will be a race against the clock to complete business. The House spent the...more

DEC Issues Revised Regulations to Enable More Properties to Qualify for BCP Tax Credits

On Wednesday, March 9, the New York State Department of Environmental Conservation (DEC) proposed to amend New York State's Brownfields law's implementing regulations to enable more properties to qualify for BCP tangible...more

Conservation Easements FTW! Or, Eagles 1; IRS 0

What’s a real estate developer to do when its pristine development site, with beautiful ocean views and room for between 164 and 410 upscale residential units that *NEED NOT BE BUILT, is clogged with wildlife, including bald...more

Nonprofits Seeking to Use Brownfields Tax Credits Beware: Directive Gutted by Massachusetts Superior Court Remains Online Without...

Massachusetts Department of Revenue guidance declared a “naked, confiscatory attempt by a state administrative agency to appropriate private property to fill government coffers” by the Massachusetts Superior Court remains on...more

Renewable Energy Update - January 2016 #2

Renewable Energy Focus - Clean Energy Got a Record $330 Billion in Investment Last Year - Fortune - Jan 14 Despite the plunge in oil prices, investors and governments around the world put $330 billion into clean...more

Renewable Energy Tax Credits Receive Multiyear Extension in Congressional Omnibus Bill

Congressional leadership reached agreement late last evening on an omnibus spending and tax bill that will be voted on by the House and Senate later this week. The bill reflects a global agreement among the leaders on tax and...more

Canada’s Energy Politics

Canada’s energy sector may be significantly impacted by the recent election of liberal Justin Trudeau as Prime Minister. The last nine years have seen conservative Stephen Harper at the helm. A known ally of the energy...more

Environmental Stigma Can Reduce Value of Property - Application of a 5 Percent “Standard” Stigma Devaluation for Contaminated...

In a case that will have an impact on the owners of property that has been devalued as a result of environmental conditions, the Pennsylvania Supreme Court recently agreed that contaminated real estate could be appraised at 5...more

New IRS Guidance May Promote Community Residential Solar Developments

On September 4, 2015, the Internal Revenue Service released a private letter ruling that could have meaningful impacts on the funding and development of certain residential solar developments, specifically community solar...more

UK Government Announces Further Shake-up to RO and FIT Regime for Solar PV

Following the closure of the RO regime to new solar ground mounted projects with a capacity of more than 5MW which were commissioned after 31 March 2015, the government has today announced a further shake-up of the subsidy...more

Seeing Green: New York’s Reformed Brownfields Cleanup Program Creates Opportunities for Redevelopment to Generate Refundable Tax...

Now is the time to begin brownfield redevelopment projects in the State of New York. Reauthorization of and reforms to New York’s Brownfields Cleanup Program, which provides tax credits to redevelop contaminated properties,...more

Special Session: Signed, Sealed and Delivered

The illusive Special Session lived up to its hype. Despite the close proximity of the two temporary chambers in the State Office Building, the bodies were far apart in their desired outcome for the session. After...more

Renewable Energy Update - May 2015 #3

Renewable Energy Focus - New legislation proposed to extend ITC: PV-Tech - May 20: A new piece of legislation has been proposed that would help extend the investment tax credit (ITC) for both residential and commercial...more

Georgia General Assembly Ends Water and Land Conservation Tax Credits

At the end of its recent session, the Georgia General Assembly passed HB 464 by unanimous votes to cap the land conservation tax credit at $30 million for 2016 and then eliminate it altogether at the end of 2016. ...more

Stormwater Alert: Maryland Fee Program No Longer Mandatory

In April 2015, the Maryland General Assembly enacted a law – known as SB 863 – that substantially amended legislation enacted in 2012 requiring each of the 10 most populous jurisdictions in Maryland to establish an annual...more

Locke Lord QuickStudy: The New York Legislature Ends The Guessing - Brownfield Tax Credits Extended And Modified

On April 1, 2015, the New York Legislature passed a budget bill for fiscal year 2015-2016, which included numerous amendments (the Amendments) to the Brownfield Cleanup Program (BCP), a state program designed to incentivize...more

New York State Governor and Legislature Amend and Extend Brownfield Cleanup Program

Governor Andrew Cuomo and the New York State Legislature have reached an agreement to amend and extend the State's Brownfield Cleanup Program (BCP) in advance of December 31, 2015, when tax credit eligibility under the...more

State of North Dakota Intervenes in Wyoming’s and Independent Producers’ Challenge to Hydraulic Fracturing Rule

The state of North Dakota moved to intervene yesterday in the state of Wyoming’s challenge to the Bureau of Land Management’s new hydraulic fracturing regulations. North Dakota—like Wyoming—asserts that the hydraulic...more

BakerHostetler's Shale Oil and Gas Industry 2014 Year in Review and 2015 Look Forward

Once again, shale oil and gas production dominated energy headlines in 2014, with a number of key economic, political, and legal developments making news across the country. Bolstered by technologies like hydraulic...more

IRS Releases Guidance on Performance and Quality Standards for Small Wind Energy Property

The IRS recently released Notice 2015-4 (the Notice), which provides performance and quality standards that small wind energy property (defined under section 48(c)(4) of the Code as property utilizing a “qualifying small wind...more

California Energy Legislation Year in Review 2014

INTRODUCTION - In his January 2015 inaugural address, California Governor Brown called for an ambitious expansion of the State’s renewable energy goals to 50% by 2030, a policy direction that may drive the State’s...more

Turning Manure into megawatts (Swine Farm Biogas Renewable Energy Project)

As I noted in my last post, Withers & Ravenel’s Swine Farm Biogas Renewable Energy Project, located in Bladensboro, North Carolina, is one of this year’s ACEC Excellence in Engineering Award winners....more

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