News & Analysis as of

Solar Energy Real Estate Development

Akerman LLP

Maximizing Tax Credits by Installing Solar at LIHTC Projects

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The increased interest in installing solar at affordable housing projects is not surprising given that the IRC Section 48 energy investment tax credit (ITC) could subsidize as much as 70 percent of the cost and the Inflation...more

DarrowEverett LLP

Should Solar Developers Pursue Community Solar? Incentives Can Be Key

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With the proliferation of renewable energy and sustainable technologies, individuals of every income range have tried to find ways to benefit from the technological advances. Those who have the resources and interest may...more

Jones Day

New French Incentives for Green Buildings and Green Industry

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As part of the 2022 French Climate & Resilience Law, the French legislature decided to strengthen the greening and solarization requirements on certain buildings and parking lots. These obligations came into force on January...more

Troutman Pepper

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more

Pullman & Comley, LLC

DEEP Issues Draft Guidance on Siting Solar Projects on Agricultural Lands: Virtual Public Meeting on August 16; Written Comments...

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In July of 2023, the Connecticut Department of Energy and Environmental Protection (DEEP) released Draft Guidance through its Sustainable, Transparent, and Efficient Practices (STEPS) for Solar Development public engagement...more

Holland & Knight LLP

Going Green in Commercial Real Estate: Aim for a Zero-Emissions Building Standard

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In order to obtain and maintain a green real estate loan, the loan recipient must construct or renovate existing buildings to have minimal impact on the environment. The ultimate goal for green architecture is to achieve a...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

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CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)....more

Allen Matkins

Sustainable Development and Land Use Update - July 2022 #2

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California cities get more time to rezone land for housing Bullet Pasadena Star-News – July 11 Southern California cities and counties have received a three-year reprieve from a state deadline to rezone land for future...more

Robinson & Cole LLP

Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

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On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

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CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more

Allen Matkins

Sustainable Development and Land Use Update - March 2022 #4

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Audit: California too slow in offering surplus land for affordable housing - Bullet U.S. News & World Report – March 22 California has not effectively used surplus properties owned by the state to help alleviate the...more

Manatt, Phelps & Phillips, LLP

CEQA to Project Proponents: ‘Why Can’t You Do Solar?’

What Happened - A mammoth case out of Lake Tahoe affirms a new environmental review obligation for project proponents: Why can’t you do solar? Upending what traditionally was a relatively straightforward analysis regarding...more

Pullman & Comley, LLC

Connecticut Department of Energy and Environmental Protection Set to Re-Issue Lapsed Stormwater Permit for Construction Activities

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As readers of prior client alerts may be aware, DEEP’s General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities (“Stormwater General Permit”) expired on October 1, 2020 and DEEP...more

Cozen O'Connor

NJBPU Approves Year 2 Application Process for Community Solar Energy Pilot Program

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In developments of interest to New Jersey electric utilities, solar developers, subscriber organizations, and eligible consumers, on October 2, 2020, the New Jersey Board of Public Utilities (NJBPU) moved forward with New...more

Pierce Atwood LLP

NY Appellate Court Enforces 60-Day Deadline for Local Governments to Require PILOT Agreements from Solar Developers

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Decision binding on all local state taxing authorities - The Appellate Division of the New York courts has affirmed that a local governmental taxing authority must notify a solar project developer within 60 days from when...more

Bricker Graydon LLP

The ABCs of solar PPAs for public sector entities

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In the past ten years, the cost of a solar panel installation has fallen by over 60 percent. As a result, onsite solar power has become an increasingly attractive way for consumers to manage electric costs and achieve...more

Farrell Fritz, P.C.

How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

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How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the...more

McDermott Will & Emery

Community Solar Meets Requirements of California Solar Mandate

The California Energy Commission (CEC) has approved the first community solar program as a means of complying with California’s solar mandate. Specifically, on February 20, 2020, following a three-hour hearing with many...more

Sheppard Mullin Richter & Hampton LLP

California Mandatory Solar Update: First Community Solar Program Approved by California Energy Commission

On February 20, 2020, the California Energy Commission approved its first community solar system under the 2019 Energy Code, which allows developers of new homes within Sacramento Municipal Utility District (“SMUD”) to meet...more

Pullman & Comley, LLC

Connecticut DEEP Intends to Reissue Stormwater General Permit with New Requirements for Solar Facilities – Public Information...

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The Connecticut Department of Energy and Environmental Protection notified individuals by e-mail on December 27, 2019 of its Notice of Tentative Decision of Intent to Reissue the General Permit for the Discharge of Stormwater...more

Farrell Fritz, P.C.

Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

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A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. ...more

BCLP

Solar Development in Opportunity Zones

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The Opportunity Zones program is an attractive option for industrial-scale solar energy producers seeking to develop new projects that receive preferential tax treatment. Designed to stimulate economic development in...more

Allen Matkins

Sustainable Development and Land Use Update - May 2019 #2

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Focus - Long Beach votes to oppose SB 50, which seeks to address the state’s housing crisis, due to issues of local control - Press-Telegram - May 7 - The Long Beach City Council voted this Tuesday to formally oppose...more

Hogan Lovells

Energy Snippets

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Zambia sets sights on yet more solar as another 34 MW is connected to grid - The 34 MW Ngonye solar photovoltaic plant, in Zambia, has been connected to the country’s grid and has started operations....more

Sands Anderson PC

2018 Legislative Update: New Laws Impacting Commercial Real Estate Clients

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Below is our annual update on legislative changes impacting the real estate industry. All common interest communities are based on a foundation of real estate law, and thus changes to these laws can often impact common...more

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