News & Analysis as of

Property Owners Environmental Policies

Mitchell, Williams, Selig, Gates & Woodyard,...

Flood Project Challenge/Clean Water Act/National Environmental Policy Act: Federal Appellate Court Addresses Standing Issue

The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more

Pullman & Comley, LLC

DEEP Finalizes Release-Based Cleanup Regulations: What Property Owners Need to Know

Pullman & Comley, LLC on

Since the last half of 2020, the Connecticut Department of Energy and Environmental Protection (DEEP) has been working with a statutorily created working group to develop Release-Based Cleanup regulations, as contemplated by...more

Allen Matkins

Pending State Housing Laws: Rebuilding After a Natural Disaster

Allen Matkins on

Various state housing bills are currently making their way through the California State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the...more

Allen Matkins

Rebuilding After Wildfires: The Role of the California Coastal Commission

Allen Matkins on

For property owners in California’s coastal zone hoping to rebuild after the wildfires in the Los Angeles area, including the Pacific Palisades and Malibu, obtaining building permits from their local government may not be...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Driving Loss Reduction Through State-Created Residual Insurance Markets: Environmental Defense Fund/Cornell University Report

The Environmental Defense Fund (“EDF”) and Cornell University issued a report titled: Driving Loss Reduction Through State-Created Residual Insurance Markets (“Report”)....more

Mintz

New York City's Climate-Focused Local Law 97 Upheld By New York Court of Appeals

Mintz on

On May 22, 2025, the New York Court of Appeals--the highest court in New York State--unanimously upheld New York City's Local Law 97 against a challenge brought by certain property owners. This law--Local Law 97--is “aimed...more

Jones Day

German Energy Company Succeeds in Landmark Climate Change Litigation Case

Jones Day on

On May 28, 2025, the Higher Regional Court in Hamm, Germany, sided with the defendant energy company in a landmark climate change litigation case brought by a Peruvian farmer. The farmer wanted the energy company to pay (in...more

McGinnis Lochridge

Drowning in Liability: Court Extends "Waste" Rule to SWD Operator; but preserves RPO defense

McGinnis Lochridge on

In a watershed ruling, the El Paso Court of Appeals extends "waste" liability under the Nat. Res. Code to commercial disposal well operator—potentially increasing exposure for this critical wastewater industry—while...more

Jenner & Block

U.S. Fish and Wildlife Service Proposes Regulatory Change to Ease Endangered Species Act Restrictions

Jenner & Block on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more

Hogan Lovells

The EPC reformation in England and Wales – changes on the horizon

Hogan Lovells on

From 4 December 2024 to 26 February 2025, the Ministry of Housing, Communities and Local Government and the Department for Energy Security and Net Zero ran a consultation seeking views on the reform of the Energy Performance...more

Mayer Brown

Offices: Repurpose or Retrofit – Where Are We Today?

Mayer Brown on

The office market was thrown into turmoil in the post-pandemic shift towards flexible working. Businesses battled with uncertainty over the future of the workplace and whether big glossy office spaces would become obsolete in...more

Mandelbaum Barrett PC

Proposed NJDEP Rule Changes Could Disrupt Commercial Real Estate Transactions

Mandelbaum Barrett PC on

The New Jersey Department of Environmental Protection (NJDEP) is considering significant amendments to its site remediation regulations, which could have major consequences for commercial real estate transactions in New...more

Mitchell, Williams, Selig, Gates & Woodyard,...

95th Arkansas General Assembly/Commercial Renewable Energy Facilities: Legislation Introduced Addressing Agricultural Impact...

House Bill 1525 has been introduced by Representative Steimel and Senator Irvin which would add a Subchapter 9 to Arkansas Code Title 18, Chapter 11, titled: Agricultural Impact Remediation Agreements....more

Mayer Brown

Proposed Reforms to the Energy Performance of Buildings Regime: A Welcome Change or Just More Costs?

Mayer Brown on

The consultation on the proposed reform of the Energy Performance of Buildings regime was launched on 4 December 2024 and outlines significant proposed reforms to the Energy Performance of Buildings (EPB) framework in England...more

Nossaman LLP

Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability

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When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?  For quite some time, inverse condemnation liability appeared to be...more

Schwabe, Williamson & Wyatt PC

Oregon Wildfire Hazard and Wildland-Urban Interface Map Appeals Due March 10, 2025 ‎

For Oregon property owners, the Oregon Department of Forestry officially adopted new wildfire hazard and wildland-urban interface maps on January 7, 2025. To check a property’s designations and view the maps, go to Oregon...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (February 2025)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Ballard Spahr LLP

The 60-Day Appeal Clock is Ticking for Challenges to Oregon Wildfire Hazard Map Assignments

Ballard Spahr LLP on

Oregon property owners who are receiving notices from the state that their property is in a zone with high wildfire risk and in a designated wildland-urban interface have until March 7, 2025 to submit appeals. ...more

Pillsbury Winthrop Shaw Pittman LLP

New ASTM Standard Aims to Facilitate Assessing Climate Risk and Resilience Considerations

Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...more

Winstead PC

EPA’s PFAS Regulations: What Real Estate Professionals Need to Know

Winstead PC on

In 2024, the U.S. Environmental Protection Agency (“EPA”) took significant steps to regulate per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

McDermott Will & Emery

Four Factors to Consider After the Building Electromobility Infrastructure Act (GEIG) Comes into Effect

McDermott Will & Emery on

As of January 1, 2025, the Building Electromobility Infrastructure Act (GEIG) has come into effect, bringing significant changes for property owners. Dr. Ulrich Flege summarizes the key points of the law below: Obligation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sale of Industrial Facility/Environmental Assessment: Connecticut Court Addresses Whether Seller was Reasonable in Terminating...

The Superior Court of Connecticut (“Court”) in a December 20th Memorandum of Trial Decision (“Memorandum”) addressed an issue arising out of the proposed sale of an industrial facility. See Candor Capital LLC v. Leeder Realty...more

Saul Ewing LLP

NJDEP Proposes Amendments to Site Remediation Regulations and Rules That, if Adopted, Will Have Significant Implications for...

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In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation...more

Bradley Arant Boult Cummings LLP

Buyer Beware: The Importance of Conducting Environmental Due Diligence

In the context of commercial real estate transactions, due diligence is conducted to obtain and verify available information regarding a property’s attributes and characteristics, physical and environmental condition,...more

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