Real Property & Environmental Law Alert

Real Property & Environmental Law Alert

Transactional Real Estate, Development/Redevelopment & Environmental Law

Monthly Archives: January 2010

U.S. Securities and Exchange Commission Provides Guidance on SEC Disclosure Requirements

Posted in Environmental & Green Issues
In response to prodding from institutional investors, on January 27, 2010, the U.S. Securities and Exchange Commission voted to provide companies with interpretive guidance on existing SEC disclosure requirements regarding the impact that business or legal developments related to climate change may have on its business. The interpretive guidance identifies four examples of where climate change may trigger disclosure requirements including the impact of legislation and regulation, the impact of international accords, the indirect consequences of regulation or business trends and the physical impacts of climate change.… Continue Reading

Determining What Standards Apply to Your Site Just Got Easier

Posted in Environmental & Green Issues
Without changing a single standard, NJDEP may have made it easier to comply with its many surface water, groundwater, drinking water, and soil remediation standards by compiling a useful on-line compendium of selected environmental standards. Standards can change, though, so the prudent developer, consultant, or attorney will check the New Jersey Administrative Code before making any decisions.… Continue Reading

Lesniak Announces Hearing Date for COAH Reform Legislation

Posted in Development/Redevelopment
Senator Raymond J. Lesniak announced that on Monday, February 1, the Senate Economic Growth Committee, which he chairs, will begin hearing testimony on his Bill S-1, co-sponsored by Senator Bateman. S-1 would abolish the Council on Affordable Housing (COAH) and establish a streamlined and simple process to comply with NJ Supreme Court mandates that require every municipality maintain a fair share of low- and moderate-income housing.… Continue Reading

“Green” Lease Forms Posted

Posted in Environmental & Green Issues
The Real Property Association of Canada posted "green" lease forms for single building and multi-building projects. The forms address sustainability principles and objectives and enable landlords and tenants to establish sustainability targets for energy, water, indoor air quality, and recycling. The forms also have provisions that enable landlords to carry out "green" renovations to existing building stock, and anticipate and provide for both carbon offsetting by a landlord, and future carbon trading. Users can also register to receive updates on the forms.… Continue Reading

Green Home Remodeling Guidelines Version 1.0

Posted in Environmental & Green Issues
Rutgers' Center for Green Building released New Jersey Green Home Remodeling Guidelines Version 1.0 during the New Jersey State League of Municipalities 94th Annual Conference in Atlantic City on November 20, 2009. The documentation details green building practices homeowners or remodeling professionals can incorporate into common home remodeling projects.… Continue Reading

Keeping Up With SRRA Developments

Posted in Environmental & Green Issues
The passage in 2009 of the Site Remediation Reform Act (SRRA) introduced a great deal of uncertainty into the site cleanup process. The procedures, paperwork, and terminology of the site cleanup process have changed. NJDEP has developed a web page to help the public to stay abreast of all SRRA developments, including information such as the new Administrative Requirements for the Remediation of Contaminated Sites (ARRCS Rules).… Continue Reading

Governor Christie’s Department of Environmental Protection Transition Subcommittee Issued Final Report

Posted in Environmental & Green Issues
Governor Christie's Department of Environmental Protection Transition Subcommittee issued its Final Report on January 15, 2010. The Report calls for significant changes in policies and practices in order to meet three overarching goals: "1) accelerate improvements to the environment, 2) remove unnecessary obstacles to economic growth and 3) more effectively manage limited fiscal and human resources."… Continue Reading

Acquiring Distressed Debt: Anatomy of a Mortgage Acquisition Transaction

Posted in Transactional Real Estate & Leasing
By all accounts, banks and other lenders are holding enormous amounts -- several trillion dollars -- of commercial mortgages that are nonperforming, under-performing or approaching maturity with dim prospects for refinancing. Although lenders have not yet flooded the market with sales of distressed debt, there are many reasons to believe that the gates will open wider in the not-distant future. This article provides an overview of a distressed commercial mortgage loan acquisition transaction.… Continue Reading