Real Property & Environmental Law Alert

Real Property & Environmental Law Alert

Transactional Real Estate, Development/Redevelopment & Environmental Law

Tag Archives: Climate Change

Electric Vehicles – Charging Ahead in New Jersey

Posted in Development/Redevelopment, Environmental & Green Issues
In early 2011, several bills were introduced to encourage the installation of Electric Vehicle (EV) charging stations. Senator Greenstein introduced Senate bill 2603, in January, which would require the New Jersey Turnpike Authority and the South Jersey Turnpike Authority to provide EV charging stations at the service areas along the toll roads, allocating 5% of the parking spaces to EV stations. The bill was reported out of the Senate Environment and Energy Committee on February 14. In March, another bill, S2784, also introduced by Senator Greenstein, would require new shopping center developments to allocate 5% of the parking spaces to EV charging stations. Both of these bills have been sitting since the Spring. Nonetheless, even in the absence of legislative mandates, EV stations have been popping up in NJ and NY. One of the newest ones announced is in Avalon, … Continue Reading

NJICLE Holds its Annual Environmental Law Section Forum

Posted in Development/Redevelopment, Environmental & Green Issues
On the weekend of June 24-26, 2011, the New Jersey Institute of Continuing Legal Education ("NJICLE") in cooperation with the New Jersey State Bar Association ("NJSBA"), and New Jersey Corporate Counsel Association, held its annual Environmental Law Section Forum Weekend ("the Forum"). Taking place in Avalon, New Jersey, the Forum featured three days of seminars covering various hot-button environmental topics including, Funding for Remediating Sites, Vapor Intrusion, the LSRP Program, Non-Governmental Organizations' Perspectives on Issues and Resolutions, the well-known NJDEP v. Occidental case also referred to as the Lower Passaic River litigation, Climate Change, and rounded out the weekend with two programs on Ethical Issues including Alternative Fee Arrangements and Multi-Party Settlements… Continue Reading

Supreme Court Closes Door on Global Warming Suits Based on Federal Common Law

Posted in Environmental & Green Issues
Reversing the Second Circuit, the Supreme Court on June 20, 2011 held, in American Electric Power Company v. Connecticut, that the Clean Air Act, along with EPA regulatory action that it authorizes, displaces any federal common-law right to seek abatement of emissions of greenhouse gases (GHGs) from power plants. The Court's decision means that for the foreseeable future, the debate over the proper scope of federal GHG regulation will take place in the executive and legislative branches and not the courts. It also leaves unanswered the question whether traditional state common-law remedies still have a role to play in GHG regulation… Continue Reading

U.S. Supreme Court to Montana: “Stay Thirsty, My Friend.”

Posted in Environmental & Green Issues
The Supreme Court in Montana v. Wyoming --U.S.--, 131 S.Ct. 1765 (2011), rejected Montana's claim that Wyoming's usage of water depleted the amount of water available to it under the Yellowstone River Compact between Montana and Wyoming. Montana contended that Wyoming breached Article V(A) of the Compact which provided that "appropriative rights to the beneficial uses of the water of the Yellowstone River System existing in each signatory State as of January 1, 1950, shall continue to be enjoyed in accordance with the laws governing the acquisition and use of water under the doctrine of appropriation."… Continue Reading

Solar Energy Development in New Jersey: Right Time, Right Place!

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
All of us are intrigued by the concept of utilizing a clean, renewable energy source to generate abundant and cheap power for our homes and businesses. Some of us have even investigated installing a renewable energy system, but have come away disappointed due to onerous regulatory obstacles and the high cost associated with these installations. That is, unless you are looking into installing a solar energy power facility in New Jersey… Continue Reading

Green or Not to Green, That is the Question? Whether it is Nobler to Build a Green Building or Suffer the Ignominy of an Ungreen One

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
With energy costs high and the focus on combating global warming, there is an impetus toward encouraging the development of Green Buildings. Buildings account for 39% of the total energy usage in the U.S., two thirds of the electricity consumption and 1/8 of the water usage. Building codes, setting minimum standards for construction, now include standards for energy efficiency. Green Codes are creeping in… Continue Reading

New Jersey Proposes Addition of Solar Power Facilities to its Green Initiative

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
Solar and Wind Energy Generation facilities may soon join the category of uses designated as permitted of right by New Jersey statute rather than by individual municipal ordinance, thus preempting municipal zoning powers granted under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (MLUL)… Continue Reading

EPA Announces Energy Star Program Available for Data Centers

Posted in Environmental & Green Issues
On June 9, 2010, USEPA announced that data centers will be eligible to earn the Energy Star label. The data center must be in the top 25% of its peers in energy efficiency as measured by EPA's energy performance scale, the Power Usage Effectiveness metric. Unlike the Energy Star program for consumer appliances which relies on self-reporting, the Energy Star program for data centers requires a licensed professional to independently verify the energy performance of the building and sign and seal the application document that is sent to EPA for review and approval. Such data centers, which account for approximately 1.5% of electricity consumption, will be able to save money and energy and fight climate change. Moreover, with the increase in demand for "green" vendors by federal, state and local governmental agencies and corporations, a data center with an Energy Star label would have a competitive advantage in seeking such customers… Continue Reading

New Jersey Joins OffShore Wind Consortium

Posted in Environmental & Green Issues
On June 8, 2010, Governor Chris Christie joined nine East Coast state governors in signing a Memorandum of Understanding with the U.S. Department of the Interior, which creates the Atlantic Offshore Wind Energy Consortium. The consortium is intended to foster federal-state cooperation for commercial wind development on the Outer Continental Shelf off the Atlantic coast… Continue Reading

Changing the Climate for Greenhouse Gas Regulation: Decisions by Appellate Court and EPA May Help to Pave the Way for Comprehensive Federal Legislation

Posted in Environmental & Green Issues
Since late June, when the House narrowly passed the American Clean Energy and Security Act of 2009, the loud and rancorous debate over health care may have obscured another critical issue being considered by Congress: climate change and the regulation of greenhouse gas emissions. Decisions made public on successive days in September by a federal appellate court and the U.S. Environmental Protection Agency (EPA), however, may go a long way toward making wide-ranging federal controls over greenhouse gas emissions a reality… Continue Reading
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