News & Analysis as of

Greenhouse Gas Emissions Real Estate Development

Brownstein Hyatt Farber Schreck

CEQA News You Can Use, August 2025 - Volume 10, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource for...more

Miller Starr Regalia

“Double Counting” or Redundant Mitigation?  Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying...

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In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR...more

Cozen O'Connor

New York City Proposes to Regulate Last-Mile Facilities

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The New York City Department of City Planning (DCP) has released materials outlining a proposed amendment to the city's zoning regulations to introduce a City Planning Commission (CPC) special permit intended to limit the...more

Harris Beach Murtha PLLC

NYC Large Building Owners May Owe Compliance Reports by May 1, 2025

New York Local Law 97 (“LL97”) is a landmark piece of climate legislation enacted as part of New York City’s broader Climate Mobilization Act. Passed in 2019, LL97 aims to drastically reduce greenhouse gas emissions from...more

Holland & Knight LLP

New York Proposes SEQRA Amendments to Implement Environmental Justice Siting Law Provisions

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While the Trump Administration has rolled back federal environmental justice initiatives and taken efforts toward expediting federal environmental review processes, the New York State Department of Environmental Conservation...more

Parker Poe Adams & Bernstein LLP

Approval of C-PACE in North Carolina Provides New Source of Financing for Commercial Real Estate Industry

North Carolina has joined more than 35 states across the country to adopt a new form of financing for commercial real estate owners and developers. Known as Commercial Property Assessed Clean Energy (C-PACE) financing, the...more

Goulston & Storrs PC

Boston Accelerates Net Zero Carbon

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Last week, the Boston Zoning Commission adopted Net Zero Carbon (NZC) zoning. As addressed in our 2021 and 2023 advisories, this completes a three-part decarbonization strategy, along with the Specialized Energy Code and the...more

Lowenstein Sandler LLP

Going and Staying Green: Sustainability in Real Estate

Today on “Terra Firma: Conversations on Commercial Real Estate,” Stacey C. Tyler and Zachary L. Berliner talk with Alex Lassiter, the CEO and founder of Greenplaces, which helps businesses navigate the complexities of carbon...more

Ballard Spahr LLP

January 2025 Multifamily Alert

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With the New Year under way, we wanted to provide updates on legislative activity and other developments affecting multifamily properties in the region and across the country, including Maryland Building Energy Performance...more

Miller Starr Regalia

First District Addresses Significant CEQA Issues Relating to Wildfire Risk, GHG Emissions, and Water Supply Impacts in Lake County...

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On November 22, 2024, the First District Court of Appeal’s (Div. 4) partially-published opinion in People of the State of California ex rel. Bonta v. County of Lake (Lotusland Investment Holdings, Inc., et al. Real Parties in...more

Pierce Atwood LLP

Massachusetts Governor Signs Mass Leads Act Promoting Clean Energy

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Zoning and Permitting Changes and a New Soccer Stadium on the Horizon - On November 20, Massachusetts Governor Maura Healey signed The Mass Leads Act promoting a clean energy grid, advancing equity, and protecting...more

Perkins Coie

City’s Greenhouse Gas Emissions Threshold for Delivery Warehouse was Supported by Substantial Evidence

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The court upheld a mitigated negative declaration for a parcel delivery warehouse project, finding, among other things, that the threshold of significance and baseline used in preparing the MND were supported by substantial...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

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This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more

Seyfarth Shaw LLP

Appeals Court Reinstates Legal Challenge to Local Law 97 Governing Emissions of Greenhouse Gases by Big Buildings in New York City

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In April 2019, the New York City Council passed Local Law 97 (“LL 97”) as part of the Climate Mobilization Act. LL 97 imposes strict restrictions on greenhouse gas emissions for buildings 25,000 square feet or larger and...more

Allen Matkins

Sustainable Development and Land Use Update 4.04.24

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Two bills proposed to modify the Builder’s Remedy are currently making their way through the State Legislature. As currently proposed, AB 1893 (Wicks) would (i) reduce the required percentage of (lower income) affordable...more

Downey Brand LLP

Downey Brand Compilation of Published CEQA Cases in 2023

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2023 served up roughly the same number of published appellate CEQA cases as 2022 with a defense win percentage of over 80 percent, which has been the case in many, if not all, of the past ten years. A prominent theme of...more

Downey Brand LLP

Court Upholds Master Plan EIR’s Climate Change Analysis that Used Sector and Region-Specific Data to Develop a Threshold of...

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In Tsakopoulos Investments v. County of Sacramento (2023) 95 Cal. App. 5th 280, the Third District Court of Appeal (“Court”) upheld the County of Sacramento’s (“County”) certification of the Mather South Community Master Plan...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Miller Starr Regalia

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights...

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In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Troutman Pepper Locke

U.S. Government Plans to Leverage P3s to Make Federal Buildings More Energy Efficient

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As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering move, the Biden administration...more

Foley Hoag LLP - Energy & Climate Counsel

City of Cambridge Passes Ambitious Net Zero Building Ordinance

On June 26, 2023, the Cambridge City Council voted to amend the city’s Building Energy Use Disclosure Ordinance (BEUDO) to require large non-residential buildings to reach net zero greenhouse gas emissions by 2035 and...more

Miller Starr Regalia

Fourth District Holds Addendum To 2010 Program EIR For Irvine Business Complex Vision Plan Violated CEQA Because Conclusion That...

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In a published opinion filed February 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed a judgment setting aside an addendum to a 2010 program EIR (PEIR) and accompanying approvals for a 275,000-square foot...more

Goulston & Storrs PC

Boston Initiatives Reduce Greenhouse Gas Emissions

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The City of Boston is advancing three companion regulatory efforts to reduce greenhouse gas emissions for medium-sized and large buildings. As addressed in our 2021 advisory, the Boston Emissions Reduction and Disclosure...more

Venable LLP

An Upcoming Proposal Will Impact Federal Acquisition of Real Estate - But How?

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As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal...more

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