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HTMLGreen Building Code Changes in Baltimore City
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
A bill now under consideration by the Baltimore City Council could make it more difficult to make modifications of many existing non-residential and multifamily buildings and to obtain exceptions based on cost, feasibility, or historic nature of the building.


HTMLBeware of LUST
Katherine A. Joyce; Bernstein Shur;
Legal Alert/Article
August 4, 2014, previously published on August 4, 2014
Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you unwittingly purchase property on which a LUST is located. Ownership of a...


HTMLIf You Own Commercial Property, the Proposed Rule Clarifying Clean Water Act Jurisdiction Could Hamper Your Future Plans: What You Need To Know
John A. Heer, Kevin Patrick Murphy; Walter, Haverfield LLP;
Legal Alert/Article
July 30, 2014, previously published on July 2014
The proposed new rule by the U.S. EPA and U.S. Army Corps of Engineers to define "waters of the United States" under the federal Clean Water Act (CWA) could potentially have far-reaching ramifications for commercial property owners or for companies thinking of entering into a real estate...


HTML“Waters of the U.S.” - A New Definition
Karin M. Jacoby; Husch Blackwell LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have issued a proposed rule intended to clarify the scope of “waters of the U.S.” protected under the Clean Water Act (CWA) and for which Section 404 permitting by the Corps will apply.


HTMLLeach Oil and Mouren-Laurens Oil Sites Add 1,300 New PRPS to Litigation
Albert M. Cohen; Loeb & Loeb LLP;
Legal Alert/Article
May 8, 2014, previously published on May 2014
The Leach Oil Site and the Mouren-Laurens Oil Site are located adjacent to each other in Compton, California. These sites have been the subject of litigation between the current and former owners and operators for almost 15 years. The plaintiff in that case, Rev. 973 LLC v. Mouren-Laurens, CV No....


HTMLDepartment of Housing and Urban Development Adopts Updated AST
Nancy W. McBrady, Sharon Gwatkin Newman; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
April 25, 2014, previously published on April 22, 2014
The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD funding recipients, Federal Housing Authority-insured mortgagees, and HUD...


HTMLBright Line Rule: Collateral Estoppel Precludes Attacks on Quasi-Judicial Permit Decisions (But Stay Tuned: Rehearing Granted on the Court’s Own Motion)
James E. Pugh, Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 23, 2014, previously published on April 16, 2014
Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ---Cal.App.2nd---, 2014). This is a case where the Coastal Commission and...


HTMLWhen Common Sense Is Just Plain CEQA Horse Sense
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
April 22, 2014, previously published on April 8, 2014
The 14th District Agricultural Association operates the Santa Cruz County fairgrounds outside of Watsonville. Built in 1941, this facility hosted agricultural, rodeo and county fairs for many years. In 2009, the county sheriff’s association approached the Association about hosting a three day...


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.


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