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Documents on Environmental Law, Real Estate

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HTMLCEQA Requires Separate Evaluation Of Mitigation Measures And Alternatives Even Where Mitigation Measures Are Incorporated Into Project Design
Katharine E. Allen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 2, 2014, previously published on March 26, 2014
In Trisha Lee Lotus et al. v Department of Transportation et al. (1 Dist., Div. 4, 1/30/14 A137315) --- Cal.App.--- ----, 2014, the court of appeal upheld a claim by the appellants that Caltrans failed to comply with CEQA because its EIR did not consider potential mitigation measures aimed at...


Adobe PDFContamination is Risky Business For Restructuring Companies and their Directors and Officers
Varoujan Arman; Blaney McMurtry LLP;
Legal Alert/Article
March 10, 2014, previously published on March 2014
Two Ontario Court of Appeal decisions released in October 2013, and a settlement of an appeal of a Ministry of the Environment (MOE) order, have set off alarm bells for owners, past owners and would-be buyers of contaminated properties, including their directors and officers.


HTMLUpdate on Directors’ and Officers’ Environmental Liability: Lessons From Northstar Aerospace
Selina Lee-Andersen; McCarthy Tétrault LLP;
Legal Alert/Article
February 3, 2014, previously published on January 22, 2014
The recent Ontario Environmental Review Tribunal (ERT) case of Baker et al. v. Director, Ministry of the Environment (Northstar) raised more than a few eyebrows when former directors and officers of Northstar Aerospace, Inc. (Company) and its parent, Northstar Aerospace (Canada) Inc., were held...


Adobe PDFMajor Revisions Proposed to New York State Brownfield Cleanup Program (BCP)
Jon Schuyler Brooks; Phillips Nizer LLP;
Legal Alert/Article
February 3, 2014, previously published on January 2014
New York State Governor, Andrew M. Cuomo's proposed revisions to the state's Brownfield Cleanup Program (BCP) under the recently released Budget Bill, which will make it harder to qualify for entry into the BCP, include: limits the cleanup and site preparation costs eligible for tax credits,...


HTML“Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the Public Interest
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
January 31, 2014, previously published on January 24, 2014
The Orange County Board of Supervisors (“Board”) approved a proposed senior citizen living community (“Project”) on a seven-acre parcel, creating a new zoning definition for senior residential housing and rezoning the parcel from residential single-family to the new zone...


HTMLWhere Do We Stand with the Revised ASTM Practice Standards?
John Leonard Watson; Berenbaum Weinshienk PC;
Legal Alert/Article
January 16, 2014, previously published on January 10, 2014
To enjoy the protections from liability that would otherwise attach to the purchase of contaminated real estate, land owners and developers engage environmental engineers to assess if and to what extent a parcel of land is contaminated. The engineers typically follow the standards of practice...


HTMLExpert Testimony Recommending Vapor Intrusion Study is Insufficient Evidence of Health Effects, Does Not Trigger Need for EIR
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
January 14, 2014, previously published on January 13, 2014
After the Berkeley City Council (“City”) approved a mixed-use commercial and residential project on the site of a former car dealership and service garage, a community group sued, claiming that pre-existing contamination on the site presented health risks to construction workers and...


HTMLEPA Formally Recognizes ASTM E1527-13 as Compliant with CERCLA's All Appropriate Inquiry Rule
Kyle R. Johnson, Stephen C. Jones, Paul R. McIntyre; Greenberg Traurig, LLP;
Legal Alert/Article
January 10, 2014, previously published on January 8, 2014
On December 30, 2013, the U.S. EPA formally recognized a new standard (ASTM Standard E1527-13) to demonstrate compliance with the All Appropriate Inquiry (AAI) Rule when conducting Phase I environmental site assessments. The new Standard is the first significant revision to the ASTM Phase I...


HTMLNo Private Attorney General Fees for Homeowner
Kira N. Teshima; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 6, 2014, previously published on December 26, 2013
In Donald A. Norberg v. California Coastal Commission (4th Dist., Div. 3, 10/25/13, G047522) ---Cal.App.4th---, 2013, the court of appeal reversed the trial court’s award of private attorney general fees because the homeowner’s successful challenge of certain conditions imposed by the...


HTMLSubstantial Evidence Test Applies to Decision Not to Require Additional EIR
Ryan Lund; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 13, 2013, previously published on December 5, 2013
In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), --- Cal.App.4th ---, 2013, the court of appeal found no abuse of discretion in the City of Napa’s approval of revisions to the housing element of its general plan, and related general plan and zoning amendments,...


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