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Administrative Agency Environmental Residential Real Estate

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Legal Issues Associated with Building “Green”

by Reed Smith on

State and local governments have enacted a variety of incentives to encourage energy efficient “green” design and construction practices. Projects owned or leased by government authorities are often subject to mandatory green...more

MoFo New York Tax Insights - Volume 3, Issue 7 - July 2012

by Morrison & Foerster LLP on

In This Issue: Gain on Sale of New York Property Allocated Entirely to New York; Failure to Establish Value of Assets in a Bulk Sale Leads to Liability for Entire Sales Tax Deficiency; Entitlement to QEZE Credits...more

FHFA Proposes Rule for PACE Programs

On June 15, the FHFA, as required by a preliminary injunction from the Northern District Court of California, issued a notice of proposed rulemaking on state and local energy retrofit financing arrangements known as Property...more

Practical Considerations in Real Estate Transactions in Light of SRRA

by Cole Schotz on

Originally published in the June 4, 2012 edition of New Jersey Law Journal. In an effort to expedite the remediation of more than 20,000 contaminated sites, New Jersey passed the Site Remediation and Reform Act (SRRA) on...more

How Recent CEQA Cases Show The Need For Legislative CEQA Reform

by Miller Starr Regalia on

Some CEQA practitioners think the sheer volume of published CEQA opinions demonstrates the need for reform – res ipsa loquitur, so to speak. Recently a litigation mentor of mine, a brilliant man who was at the forefront of...more

Risks Increasing for Properties with Chlorinated Solvent Contamination

by Mintz Levin on

For properties where chlorinated solvents have been released, new regulatory challenges and related liability concerns are increasing as a result of controversial human health studies recently published by the federal...more

The Pennsylvania Environmental Hearing Board Clouds the Waters: Should Well Operators Appeal PADEP Determinations that Oil and Gas...

by K&L Gates LLP on

A recent Pennsylvania Environmental Hearing Board (“EHB”) decision may create uncertainty as to whether oil and gas well operators can or should appeal determination letters issued by the Department of Environmental...more

EPA's Enforcement Authority after Sackett: Same Old, Same Old

After the oral argument Sackett v. EPA presaged where the decision was coming down, I raised the question whether EPA would try to persuade district courts that nothing really had changed. On occasion, I call them correctly....more

“Supreme Court Will Review CEQA Categorical Exemption Exception In Berkeley Hillside Preservation Case”

by Miller Starr Regalia on

On May 23, 2012, the California Supreme Court by unanimous vote granted respondents’ and real parties’ petition for review of the First District Court of Appeal’s published decision in Berkeley Hillside Preservation, et al....more

REGULATORY: Environmental: Does Sackett Add to the Enforcement Defense Toolbox For Energy Companies By Drew Bell, Chris Benson,...

by King & Spalding on

In its highly anticipated decision in Sackett v. EPA[1], the Supreme Court unanimously held that landowners may bring a civil action under the Administrative Procedure Act (“APA”) to challenge an EPA compliance order issued...more

Maryland Governor signs new environmental bills

This week, Maryland Governor Martin O'Malley signed into law a number of important environmental bills that may require property owners, businesses and local governments to take additional compliance measures. The bills...more

First District Holds CEQA Does Not Apply To Napa County Ordinance Clarifying Its Ministerial Lot Line Adjustment Practice, And...

by Miller Starr Regalia on

In a case addressing important issues affecting local agencies and landowners (disclaimer: I represented the County of Napa in the trial court and on appeal), the First District (Division 4) Court of Appeal on April 20, 2012...more

Opening The Door To EPA Challenges — But Only So Far

Originally published in Law360, New York - April 13, 2012 In its March 21, 2012, opinion in the case of Sackett v. U.S. Environmental Protection Agency (EPA), et al., No. 10-1062, 566 U.S. ___ (March 21, 2012), the U.S....more

Third Time May Be The Charm in the Lower Fox River PCB Superfund Matter

It’s always satisfying to find an open-minded judge who is willing to change his decision when he is shown to be wrong, but Judge Greisbach of the Eastern District of Wisconsin may be crossing the line from open-mindedness...more

Contaminated Land: Cleaning up the Statutory Guidance in England

by K&L Gates LLP on

Revised Statutory Guidance in relation to the contaminated land regime, and regulations amending the definition of when land will be considered to be contaminated, came into force on 6 April 2012. There are two significant...more

Sackett v. EPA: U.S. Supreme Court Unanimously Affirms Judicial Review of EPA Clean Water Act Unilateral Compliance Orders

by Proskauer Rose LLP on

The U.S. Supreme Court issued a unanimous decision on March 21, 2012, in the case of Sackett v. Environmental Protection Agency et al., No. 10-1062, 2012 WL 932018, 566 U.S. ___ (Mar. 21, 2012), finding that a compliance...more

Supreme Court Opens Door to Suits Challenging Federal Agency Actions

by Polsinelli on

On March 21, 2012, the U.S. Supreme Court issued a unanimous decision effectively broadening the circumstances under which parties may go to court to seek review from final agency actions. The decision – Sackett v. EPA, 2012...more

Sackett v. EPA – Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders

Environmental LitigationOn March 21st, the United States Supreme Court unanimously ruled that the Sackett family has a right to challenge a pre-enforcement compliance order from the Environmental Protection Agency (EPA)before...more

Sackett v. EPA: Property Owners May Challenge EPA Orders

by Mintz Levin on

The United States Supreme Court has unanimously ruled that Environmental Protection Agency (EPA) administrative orders under the Clean Water Act are subject to pre-enforcement judicial review. However, the Supreme Court’s...more

The United States Supreme Court Deals A Major Blow to EPA’s Strong-Arm Enforcement Tactics

On Wednesday, March 22, the United States Supreme Court ruled that a compliance order issued under EPA’s Clean Water Act enforcement authority to individuals for allegedly filling part of their property without the necessary...more

EPA's Attempt to Expand Authority over Dredge-and-Fill Permitting Rejected

by Bracewell LLP on

On March 23, the U.S. District Court for the District of Columbia rejected the Environmental Protection Agency's (EPA) unprecedented attempt to retroactively veto a "dredge-and-fill" permit issued by the Army Corps of...more

California Supreme Court Denies Review of Case Holding that CEQA Does Not Require Analysis of Effects on a Project Caused by the...

The California Supreme Court unanimously declined to hear a challenge to the revised environmental impact report for the Playa Vista development in Los Angeles in Ballona Wetlands Land Trust v. City of Los Angeles, resulting...more

Supreme Court Holds EPA Compliance Order Asserting Clean Water Act Jurisdiction Is Subject to Judicial Review

Private property owners are entitled to immediate judicial review of Environmental Protection Agency compliance orders that seek to regulate their property under the federal Clean Water Act ("CWA"), the Supreme Court...more

Court Weakens Use of CEQA’s Categorical Exemptions

In a case involving the City of Berkeley’s approval of a single home, the First District Court of Appeal’s decision in Berkeley Hillside Preservation v. City of Berkeley 203Cal.App.4th 656 (February 15, 2012, as modified...more

U.S. Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders

by Allen Matkins on

A unanimous Supreme Court held last Wednesday, March 21, 2012, that parties who receive administrative compliance orders from the U.S. Environmental Protection Agency ("EPA") under the authority of the federal Clean Water Act...more

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