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Commercial Real Estate Energy & Utilities

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Louisiana Supreme Court Grants Writs from Second Circuit Decision Finding Holder of Mortgage Encumbering a Mineral Lease...

by Liskow & Lewis on

On Friday, December 15, the Louisiana Supreme Court granted three separate writ applications filed by each of the defendants in Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc. These applications sought review of the...more

Property Assessed Clean Energy (PACE): Will Gruber (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County, Arkansas jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues...more

Sustainable Development Update - November 2017 #3

by Allen Matkins on

Sustainable Development Focus - Greenprint report shows real estate industry continues to reduce energy consumption, carbon emissions, and water use - Urban Land - Nov 20 A new report from the ULI Greenprint Center for...more

UK Autumn Budget 2017 – the key measures impacting business

by White & Case LLP on

The Chancellor, Philip Hammond, has announced the Autumn Budget 2017. Alongside the headline-grabbing abolition of SDLT for first-time buyers on homes up to £300,000, and on the first £300,000 of properties up to £500,000,...more

LB&I Expands New Approach with Second Release of Campaigns

On November 3, 2017, the Large Business & International Division (LB&I of the Internal Revenue Service (IRS) released a list of 11 new campaigns, adding to the 13 campaigns that it initially launched in January. Eversheds...more

Sustainable Development Update - November 2017

by Allen Matkins on

New study finds buildings with poor energy efficiency default at higher rate - Urban Land - Oct 23 A recent study has added a new value proposition for energy efficiency in commercial buildings: efficient buildings are...more

4 Reasons Why PACE Bonds Are a Good Opportunity to Finance Energy Efficiency Upgrades or Renewable Energy Projects

by Miles & Stockbridge P.C. on

Property Assessed Clean Energy (PACE) Bonds are a financing tool used to finance energy efficiency upgrades or renewable energy projects in residential, commercial and industrial properties. Such projects might include...more

Oregon Targets Renewable Heating Companies for Increased Assessments

by Tonkon Torp LLP on

Biomass heating companies, which use renewable energy sources like wood, crop waste, or garbage to generate heat, will now come under central assessment in Oregon. Under central assessment, all of a company's property,...more

Water Banks: Why You May Need One

Water banks are not new — they have been around a long time. Water banking is a practice used to effectively manage water supplies throughout Western states. Water banking has long been used to solve water issues ranging from...more

Sustainable Development Update - October 2017

by Allen Matkins on

Sustainable Development Focus - Green building rapidly becoming established part of home construction Proud Green Building - Sep 28 - Green construction is rapidly gaining traction among both single family and...more

American Council for an Energy-Efficient Economy: 2017 State Scorecard (Including Arkansas)

The American Council for an Energy-Efficient Economy (“ACEEE”) has released the 2017 version of its “State Energy Efficiency Scorecard” (“Scorecard”). With a total of 14.5 out of a maximum available of 50 points, Arkansas...more

First Electric Generation. Then Transportation. What About Buildings?

October 2, 2017, EnergyWire (subscription required) reported that New York City Mayor Bill de Blasio has unveiled a plan to cap fossil fuel use in buildings in New York City. (I haven’t seen the specific plan, but it is...more

Can a Lease Survive Foreclosure?

by Locke Lord LLP on

Two recent federal foreclosure cases applied Texas law and one highlighted a fact situation that may involve a new (2015) statute. In Arbuckle v. Chesapeake, Case No. 3:14-CV-04584-M (N.D. Texas, Dallas Division September...more

Connecticut Makes Favorable Changes to its Commercial PACE Financing Program

On July 11, 2017, the Connecticut General Assembly enacted H.B. 7208 (“Revised C-PACE Statute”) to make several minor changes to the existing statute governing the State’s commercial property assessed clean energy (or...more

Not So Fast—Your Oil and Gas Lease Primary Term May Be Longer Than You Thought

by Blank Rome LLP on

Energy Industry Update - Action Item: Oil and gas leases in Pennsylvania may have a primary term longer than that stated in the lease. The Superior Court has recognized that an argument can be made that time for notice and...more

Sustainable Development Update - September 2017

by Allen Matkins on

Sustainable Development Focus - D.C. named world's first LEED Platinum city - WAMU - Aug 31 - The U.S. Green Building Council named Washington, D.C. the world's first LEED Platinum city last week, a...more

Informal Description Dooms Oil and Gas Leases

by Gray Reed & McGraw on

Conoco Phillips Company v. Ramirez et al is a helpful reminder when preparing a document transferring title: “Family vernacular” is a great way to communicate in wedding toasts and funeral eulogies, not so much in land...more

Fifth Circuit: Louisiana’s Subsequent Purchaser Doctrine Bars Claims for Damage to Real Property

by Beveridge & Diamond PC on

Applying Louisiana’s “subsequent purchaser doctrine” in the context of contamination from oil-and-gas operations, the Fifth Circuit affirmed the dismissal of a landowner’s property damage claims. See Guilbeau v. Hess Corp.,...more

New South Wales Introduces Coal Mine Subsidence Compensation Scheme

by Jones Day on

Australian coal miners and landowners should prepare themselves for their roles in the new claims system. A fairer and quicker claims system is proposed....more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Sustainable Development Update - August 2017 #5

by Allen Matkins on

Sustainable Development Focus - Five million commercial customers could cut costs with energy storage - Renewable Energy World - Aug 25 - The U.S. Department of Energy’s National Renewable Energy Laboratory...more

Renewable Energy Update - August 2017 #3

by Allen Matkins on

Renewable Energy Focus - Solar trade case weighs whether protection will save or sink industry - Washington Post - Aug 15 - Two solar manufacturers are begging the federal government for help, arguing that...more

New Property Tax Exemption for All South Carolina Manufacturers

by McNair Law Firm, P.A. on

The South Carolina Infrastructure and Economic Development Reform Act, 2017 Act 40, was recently enacted and is designed to enhance South Carolina’s economic competitiveness. The Act, commonly referred to as the gas tax bill,...more

Strong Dissent Warns of “Devastating Economic Repercussions” of Second Circuit’s Decision in Oil & Gas Case

by Liskow & Lewis on

In Gloria’s Ranch, L.L.C. v. Tauren Exploration, Inc., the Louisiana Second Circuit upheld a trial court’s ruling that Wells Fargo, a mortgage lender with a security interest in a mineral lease, was solidarily liable with its...more

Sustainable Development Update - August 2017

by Allen Matkins on

Sustainable Development Focus - As renewable energy gains traction, seeing a bright future for on-site energy storage - Urban Land - Jul 31 - Commercial property owners are rethinking their skepticism toward...more

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