By Peter Trimarchi (Oct. 3, 2013) As large solar projects proliferate in the U.S., developers are increasingly looking to landfills and other brownfields as potential project sites. Despite their promise...
commercial real estate markets recover from the ongoing recession, green
building construction, retrofits, and renovations likely will be a major factor
over the next decade, at least in certain asset classes. These projects will
pose significant challenges and opportunities for real estate development,
operations, and management.
a project to qualify for funding through the federal renewable energy grant
program, construction must begin before the end of 2011. This article provides
background information and discusses some steps taxpayers must take before the
end of the calendar year to preserve their eligibility for the grant program.
This article examines the issue of climate
change policy and international trade law. While conventional wisdom may have predicted
that conflicts in trade law would emerge through climate-related protectionist measures,
such as carbon tariffs on imports from countries with less stringent controls on
greenhouse gas emissions, the authors point out that government support for climate-friendly
technologies has in fact emerged as the primary battleground. The authors examine two recent
disputes—between the United States and China and between Japan and Canada—over
green subsidies and their implications for the
future of clean energy.
CCSR01 no 6444 25.00 PDF Description by Charles H. Haake and Karyn B. Marsh (May 2009; 7 pages) Carbon
capture and storage using geologic sequestration will never become a reality without early federal
R&D investment, a uniform regulatory framework, and a way to address liabilities, the authors say. They suggest a model
similar to the Atomic Energy Damage Act's liability cap could address some of
the liability issues.
CCSR01 no 3597 25.00 PDF Description by Kipp A. Coddington, David M. Meezan, and Kristin Holloway Jones
(September 2007; 4 pages) One of the biggest impediments
to a carbon dioxide capture and storage industry is not technical
but legal — managing liabilities associated with the long-term
geologic storage of carbon dioxide in reservoirs, particularly deep
saline. No federal or state regulatory regime is in place for capture and storage.
CCSR01 no 3593 25.00 PDF Description by Paul Connor (December 2007; 4 pages) This article looks at the
attention sustainability and related concepts are receiving at all
levels of government in the United States and asks whether
sustainability should replace the current goals of environmental
programs to protect human health and the environment.
CCSR01 no 6066 25.00 PDF Description by Roger Martella and Matthew Paulson (March 2009; 11 pages) Section 115 of the Clean Air Act, explicitly crafted to address international air
pollution, may offer EPA the best way to
regulate greenhouse gas emissions, the authors say. Section 115 may also avoid
unintended regulatory consequences such as New Source Review and
Title V permitting requirements.
CCSR01 no 11109 25.00 PDF Description by Robert B. McKinstry Jr., Brendan K. Collins, and Jennifer E.
Drust (July 2010; 13 pages) The authors say regulation of greenhouse gas emissions will occur
regardless of whether Congress acts, and EPA actions, CEQ and SEC guidance, state efforts, and potential legal
liabilities will put a price on carbon emissions, creating risks and opportunities that should
play a part in corporate and governmental planning.
CCSR01 no 11328 25.00 PDF Description by David L. Huard (September 2010; 6 pages) The author looks at efforts to promote renewable energy in California,
Germany, and elsewhere and says incentives for conservation, smart
grid technology and renewable energy development must be presented
in concert with policies to nudge rather than shove consumers
to adopt alternative energy sources.
CCSR01 no 9940 25.00 PDF Description by David J. Freeman and Jesse Hiney (March 2010; 5 pages) This
article discusses New York City's new green-building laws, which will require
benchmarking of existing buildings, energy audits, improved
building maintenance, and lighting as well as public disclosure of energy and water use.
CCSR01 no 13703 25.00 PDF Description By Mark J. Bennett, David J. Freeman, and Anthony J. Buonicore
(April 2011; 12 pages) This article reviews the role energy efficiency will play in the renewable energy area
driven by emerging energy disclosure and labeling laws and addresses a new ASTM standard designed to facilitate the use of building energy-use information in regulatory compliance.
CCSR01 no 13070 25.00 Print Description By Jonathan S. Martel and Christopher A. Jaros (February 2011; 8
authors review major developments in Clean Air Act regulations
and litigation in 2010, including regulations
aimed at reducing greenhouse gas emissions, and outline how the different
rules fit together.
CCSR01 no 6404 25.00 PDF Description by Chelsea Holloway (May 2009; 13 pages) In this article, the author looks at
climate change legislation and litigation in
California that affect the way it views environmental
regulation as well as land use and speculates about further legal
challenges and additional regulations and guidelines that may be
CCSR01 no 4417 25.00 PDF Description by Alec C. Zacaroli and Peter C. Condron (June 2008; 13 pages) New regulations on greenhouse gas emissions are inevitable at all levels, with the greatest potential coming from existing
laws, particularly the Clean Air Act, the authors say. The suggest that companies develop comprehensive climate change strategies.
CCSR01 no 8228 25.00 PDF Description by Daniel M. Kreeger (October 2009; 7 pages) The author examines the risks and
opportunities related to climate change for businesses, nonprofits, and governmental organizations, explores the
emerging role of the climate change officer, and says an empowered climate change leadership function is needed.
CCSR01 no 8108 25.00 PDF Description by Mark J. Bennett and Douglas J. Feichtner (October 2009; 7 pages)
The authors look at trends in climate change and
sustainability and their impacts on environmental due diligence and say quantifying a building's energy and sustainability
condition, performance, and potential is being incorporated into routine commercial real estate
CCSR01 no 11224 25.00 PDF Description by Michael J. Zimmer and Jennifer Rohleder (August 2010; 5 pages) The authors offer advice on how parties engaged in green
building contracts can guard against unforeseen and expensive
outcomes and look at the
risks associated with
certain techniques and materials that remain fairly new in the
commercial real estate sector.
CCSR01 no 11108 25.00 PDF Description by Yerzhan Yessimkhanov (August 2010; 6 pages) The author looks at what Kazakhstan will have to do to participate in the market-based mechanisms of the Kyoto Protocol to the U.N. Framework Convention on Climate Change, including emissions trading and incentives
for foreign investment in emission-reduction projects in the nation.
CCSR01 no 6998 25.00 PDF Description by Richard G. Stoll (July 2009; 11 pages) The author identifies 31 new regulations
that EPA would have to issue under legislation (H.R. 2454, the American Clean Energy and
Security Act of 2009) approved by the House of Representatives in June 2009.
CCSR01 no 3598 25.00 PDF Description by Stephen C. Jones and Paul R. McIntyre (July 2007; 9 pages) Discourse on global warming has shifted
the question of how to address it. The authors say regional, state, and local governments are filling the vacuum left by the lack
of action by the federal government.
CCSR01 no 3594 25.00 PDF Description by G. Tracy Mehan III (December 2007; 7 pages) The author says management of water resources is already affected by climate change, expanding the analysis within the industry and at EPA of a truly sustainable water system or utility.
CCSR01 no 3615 25.00 PDF Description by Tom Mounteer, Kevin Welsh, Michael Lukens, and Jeff Allmon
(March 2008; 25 pages) The authors review climate change developments in 2007 that those preparing
SEC disclosure forms will
want to consider. They say that not since superfund has there has been so much focus on securities disclosure of
CCSR01 no 3599 25.00 PDF Description by Todd O. Maiden and Eric M. McLaughlin (April 2007; 11 pages) This article, written before the Supreme Court decision in Massachusetts v. EPA, looks at climate change cases filed in
U.S. courts, summarizes common legal challenges faced by litigants, and recognizes trends that have
CCSR01 no 3595 25.00 PDF Description by Jonathan S. Martel (November 2007; 11 pages) The Supreme Court decision in Massachusetts v. EPA presents the agency's air program personnel with
new, enormously consequential legal and policy questions, the author says.
CCSR01 no 3596 25.00 PDF Description by Randall Bell (October 2007; 6 pages) The author says global climate change has
become less of a theoretical debate and more of a reality in the
minds of most Americans, noting this already has resulted in
significant real estate economic issues.
CCSR01 no 6907 25.00 PDF Description by Richard B. Herzog (June 2009; 9 pages) The author looks at CBO findings that a carbon tax would be less costly than cap-and-trade in
achieving greenhouse gas reductions and says a widened debate could
lead to the incorporation of additional cost-reducing features into
CCSR01 no 3592 25.00 PDF Description by Robert L. Graham, Edward F. Malone, and Michael Strong (February
2008; 5 pages) Although it will probably be years before a
national cap-and-trade program is up and running, the authors say legislation pending in Congress offer significant opportunities for companies to monetize early greenhouse gas reductions or
CCSR01 no 12714 25.00 Print Description By Mitchell B. Menzer and Ryan Trahan (January 2011; 8 pages)
California's Sustainable Communities and Climate Protection Act
(S.B. 375) sets ambitious greenhouse gas
emissions targets. The authors discuss the process of developing
sustainable community strategies under the act and the
streamlining of environmental reviews for qualifying projects.
CCSR01 no 11970 25.00 Print Description by Peter Hsiao, William M. Sloan, and Michael J. Steel (November
2010; 3 pages) The authors
describe California's proposed cap-and-trade program and analyze its key
elements. They say California's proposal “has the ambition to lead towards a
national and international cap-and-trade program.”
CCSR01 no 3894 25.00 PDF Description by Richard O. Faulk and John S. Gray (May 2008; 5 pages) There may be no practical way to
administer the Endangered Species Act to address the international habitats and
foreign relations problems raised by climate change, the authors say.
CCSR01 no 6065 25.00 PDF Description by Richard O. Faulk and John S. Gray (March 2009; 17 pages) A look by lawyers at advising and representing clients on the issue of climate change.