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Addressing Environmental Issues in Real Estate Development
On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more
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
Commercial real estate transactions in Pennsylvania can be complex, involving a myriad of legal intricacies. When disputes arise, navigating the landscape of commercial real estate litigation becomes essential. In this blog...more
Throughout 2021 and the first half of 2022, the commercial real estate market in the Southeast has been remarkably active. Despite rising interest rates and economic uncertainty, analysts expect this trend of high activity to...more
This year’s Queen’s Speech takes forward the Government’s planning reform agenda. In this BCLP Insight we take a look at which new Bills have implications for planning and what this means for those in the planning and...more
On November 1, 2021, the American Society for Testing and Materials (ASTM) Committee on Environmental Assessment, Risk Management and Corrective Action approved a new standard for conducting real estate due diligence Phase I...more
On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more
The Los Angeles County Metropolitan Transportation Authority (Metro) has authorized a three-year $27.5 million environmental and engineering study to investigate the replacement of existing High-Occupancy Vehicle (HOV) lanes...more
The Trump Administration recently proposed amendments to the regulations implementing the National Environmental Policy Act (NEPA) - the most significant of which are likely to face legal challenge. The proposed regulations...more
President Trump and the White House Council on Environmental Quality (CEQ) issued proposed regulations on January 10, 2020 to modify the regulatory program for the National Environmental Policy Act (“NEPA”), that requires...more
Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more
A recent decision from the Supreme Court of Warren County, John Carr v. Village of Lake George Village Board, demonstrates how a simple omission on a site plan approval application can upend an approved project, even though...more
The CJEU in People Over Wind on the lawful approach to HRA screening has been tested again in the UK in two further cases. The ‘Canterbury and Crondall’ cases which are examined in this blog show that, domestically, the...more
Fairway Manor, a senior rental housing complex for ages 55 and older, located on the border of Blue Point and Bayport, was created in 1991 when the Town Board of the Town of Islip approved a change of zone application on a 70...more
In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences, reducing the maximum permitted coverage for all structures, reducing the maximum allowable gross...more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
In November 2018, British Columbia passed legislation designed to “revitalize” its Environmental Assessment Act as well as "to ensure the legal rights of First Nations are respected, and the public's expectation of a strong...more
GE Power installs 100th power plant in sub-Saharan Africa - U.S. energy techniques company GE Power installed its 100th power plant in sub-Saharan Africa through plants in Angola powered by trailer-mounted aero gas turbine...more
As buildable land becomes increasingly scarce, many single-family developers are looking at current and former golf courses as prime sites for redevelopment. What makes golf courses so appealing in this regard? Originally...more
Developers often pay more to handle projects that face public opposition, but it isn't often that developers get paid by such opposition groups....more
Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more
On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development....more
In Center for Biological Diversity et al. v. California Department of Fish and Wildlife, 17 Cal. App.5th 1245 (2017) the court of appeal held a court order that requires partial decertification of an Environmental Impact...more
On June 13, 2017, the City of Los Angeles released its new Hollywood Community Plan (“Plan”) draft. The current plan dates back to 1988. In 2012, the City adopted an update to the community plan that was subsequently...more
In a short opinion filed May 17, 2017, and belatedly ordered published (for unknown reasons) just six days later, the Fourth District Court of Appeal reversed the trial court’s judgment granting a writ of mandate that set...more