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Documents on Environmental Law, Real Estate
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|Green Building Code Changes in Baltimore City|
Margaret M. Witherup; Gordon Feinblatt LLC;
August 18, 2014, previously published on August 11, 2014A 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.
|Beware of LUST|
Katherine A. Joyce; Bernstein Shur;
August 4, 2014, previously published on August 4, 2014Today, 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...
|If 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;
July 30, 2014, previously published on July 2014The 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...
|“Waters of the U.S.” - A New Definition|
Karin M. Jacoby; Husch Blackwell LLP;
June 11, 2014, previously published on June 10, 2014The 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.
|Leach Oil and Mouren-Laurens Oil Sites Add 1,300 New PRPS to Litigation|
Albert M. Cohen; Loeb & Loeb LLP;
May 8, 2014, previously published on May 2014The 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....
|Department of Housing and Urban Development Adopts Updated AST|
Nancy W. McBrady, Sharon Gwatkin Newman; Preti, Flaherty, Beliveau & Pachios, LLP;
April 25, 2014, previously published on April 22, 2014The 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...
|Bright 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;
April 23, 2014, previously published on April 16, 2014Simply 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...
|When Common Sense Is Just Plain CEQA Horse Sense|
William W. Abbott; Abbott & Kindermann, LLP;
April 22, 2014, previously published on April 8, 2014The 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...
|CEQA 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;
April 2, 2014, previously published on March 26, 2014In 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...
|Contamination is Risky Business For Restructuring Companies and their Directors and Officers|
Varoujan Arman; Blaney McMurtry LLP;
March 10, 2014, previously published on March 2014Two 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.