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Energy & Utilities Residential Real Estate

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

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

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

An “Appendage” Determines a Louisiana Royalty Dispute

by Gray Reed & McGraw on

In Glassell Producing Company v. Naquin, the question was: Did a conveyance among siblings create a real right in property, or was it an appendage of a lease that ceased to burden the property once that lease was...more

Renewable Energy Update - September 2017 #2

by Allen Matkins on

Renewable Energy Focus - U.S. solar installations rise despite drop in residential market - Reuter - Sep 11 - U.S. solar installations rose 8 percent in the second quarter as robust utility demand offset a sharp...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

The “Ugly” Property Next Door is Ruining My Property Value

by Snell & Wilmer on

Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and...more

Sustainable Development Update - August 2017 #3

by Allen Matkins on

Sustainable Development Focus - U.S. cities increasingly focused on resilience, but funding challenges persist - Urban Land - Aug 14 - The increased emphasis being placed by cities on embedding resilience into...more

Does Texas Have a New “Rule” in Conveyancing?

by Gray Reed & McGraw on

Subject-to, reservations-from, and exceptions-to problems have been lurking in the shadows of Texas jurisprudence for a while now, and the courts have been all over the map in recent holdings....more

Denial of Surface Access is Sufficient to Trigger Broadly Worded Force Majeure Clause in Oil and Gas Lease

by Reminger Co., LPA on

In a decision interpreting the force majeure clause of an oil and gas lease, the Seventh District Court of Appeals of Ohio in Haverhill Glen, LLC v. Eric Petroleum Corporation, Slip Opinion No. 2016-Ohio-8030, ruled that the...more

Sustainable Development Update - August 2017 #2

by Allen Matkins on

Sustainable Development Focus - Salesforce taps SF’s clean energy program to power its offices - San Francisco Chronicle - Aug 7 - CleanPowerSF, the green energy program run by San Francisco’s Public Utilities...more

Land Owners Could Be Paying Proposed Severance Tax

by Barley Snyder on

Whether or not the latest natural gas severance tax proposal gets passed into law in Pennsylvania, House Bill 542 contains some interesting language land owners who have signed lease agreements with energy companies need to...more

An Oil Patch Morality Play – Part 2

by Gray Reed & McGraw on

We recently discussed Freeman v. Harleton. The opinion shows the transaction as a bunco job. Here’s more: Bufkin and Wayne Freeman have done business together since the 1980s. They had a co-development agreement with...more

Sustainable Development Update - July 2017 #3

by Allen Matkins on

Sustainable Development Focus - Shading and lighting retrofits slash energy use in office demonstration - Phys.org - Jul 11 - By using advanced lighting and automated shades, scientists from the Department of...more

EIR Need Not Analyze Consistency With GHG Executive Order

Cleveland National Forest Foundation et al. v. San Diego Association of Governments et al. (July 13, 2017, Case No. S223603) - Why it matters: The California Supreme Court upheld the San Diego Association of Governments’...more

An Oil Patch Morality Play – Part 1

by Gray Reed & McGraw on

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Another Oil Field Contamination Plaintiff Waits Too Long

by Gray Reed & McGraw on

Suggestions to Texas lessors after ExxonMobil v. Lazy R Ranch, et al: Claiming that you were not aware of contamination from oil spills you’ve know about for 20 years is a tough sell, and suing your long-time lessee for...more

Understanding Mineral Rights and the Impact on the Value of Your Property

by Miles & Stockbridge P.C. on

The United States is one of a handful of countries in which private real property owners can hold and own subsurface mineral rights. In a majority of countries, only the government can own and benefit from these rights. ...more

Implementation of Minnesota’s Buffer Law: Alternative Practices

by Hellmuth & Johnson PLLC on

This article, the fourth in a series of updates regarding implementation of the Buffer Law, summarizes six common alternative practices that landowners may wish to consider in lieu of a standard buffer... ...more

Re-establishing production after mechanical failures to save a lease

by GableGotwals on

A recent trend in oil and gas litigation is top lessees seeking termination of base leases. While these lawsuits typically target marginally producing leases, operators may be equally “termination conscious” when a profitable...more

New York Court Holds Pollution Exclusion Applicable to Pollution Caused by Covered and Uncovered Causes

In its recent decision in Matter of Midland Ins. Co., 2017 N.Y. App. Div. LEXIS 5065 (N.Y. 1st Dep’t June 22, 2017), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider the...more

An Unusual Way To Hold an Oil and Gas Lease

by Gray Reed & McGraw on

Here is what we believe is an unusual situation: A gas unit is formed. The gas well ceases to produce. Another gas well produces from an oil unit, but the lease at issue is not included in the oil unit. Is the lease...more

Sustainable Development Update - June 2017 #3

by Allen Matkins on

Sustainable Development Focus - California and New York just sued to protect Obama’s final energy rules - Washington Post - Jun 14 - Eleven states, led by California and New York, have sued the Trump...more

Water Shortage Restrictions Override Deed Restrictions

Homeowners associations may not require lot owners to pressure wash their homes, or to water or replace their lawns while there are water shortage restrictions in effect....more

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