Real Property & Environmental Law Alert

Real Property & Environmental Law Alert

Transactional Real Estate, Development/Redevelopment & Environmental Law

Tag Archives: Utilities

The EPA Seeks to Regulate Carbon Emissions from Existing Power Plants

Posted in Environmental & Green Issues
On June 2, 2014, the Environmental Protection Agency (“EPA”) introduced new rules – via a 645 page proposal – designed to reduce the emission of carbon and other greenhouse gases (“GHGs”) from existing power plants. Although this is the first time the EPA has proposed such standards, the EPA claims that it is empowered to do so under the ambiguous provisions set forth in Section 111(d) of the Clean Air Act (“CAA”), 42 U.S.C. § 7411(d)… Continue Reading

Rebuilding New Jersey After Sandy – Legislation Would Require Standby Generators for a Variety of Businesses and Facilities

Posted in Development/Redevelopment
This article is the third in a series that deals with the legal implications of Superstorm Sandy, which devastated many areas of New Jersey on October 29, 2012. The resulting widespread power outages crippled many businesses which serve the public by providing essential services. To prevent that situation from recurring, a number of bills have been introduced in the New Jersey legislature which would require a variety of private businesses and facilities to install standby generators… Continue Reading

NJ BPU Proposes Amendments to Regulations Affecting Renewable Energy and Energy Efficiency

Posted in Development/Redevelopment, Environmental & Green Issues
On August 6, New Jersey Board of Public Utilities (BPU) announced proposed amendments to multiple sections of the regulations governing renewable energy and energy efficiency. The amendments will affect New Jersey's renewable portfolio standards, class II renewable energy certifications (RECs) and net metering. These proposed amendments come a few weeks after Governor Christie signed S-1925 into law on July 24, 2012, increasing the state's solar requirements, and giving what is expected to be a boost to the solar energy business in the state… Continue Reading

The Extension of the Permit Extension Act is on the Move, To Be Reviewed Today By Assembly Appropriations Committee

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
About two months ago, several NJ Legislators, including State Senator Paul Sarlo (Bergen/Passaic) and Assemblyman Ronald Dancer, proposed bills that would amend the 2008 "Permit Extension Act." Designed to give developers breathing room in the sluggish economy by extending the validity of development approvals, Proposed Bill S743 (the "Bill" or "S743") is gaining traction and is moving through the necessary legislative committees. On March 5, 2012, S743 passed by a vote of 4-0 by the Senate Budget and Appropriations Committee. The Bill is scheduled to go before the Assembly Appropriations Committee on March 12, … Continue Reading

The Permit Extension Act May Keep Extending

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
Apparently concerned that the economy may not be recovering rapidly enough, the 215th New Jersey Legislature now convened, introduced a new bill (A337) on January 10, 2012, by Assemblyman Ronald S. Dancer of District 12, to change the definition of the "extension period" under the Permit Extension Act so that it runs through December 31, 2015. Therefore, based on the 6-month tolling provision currently in the Permit Extension Act, approvals received for development applications during the extension period could be extended as far out as June 30, 2016. Bill A337 has been referred to the Assembly Housing and Local Government Committee… Continue Reading

US EPA Issues National Standards for Mercury Pollution from Power Plants

Posted in Environmental & Green Issues
On December 21, 2011, the United State Environmental Protection Agency (EPA) announced that it had issued the first ever national standards for mercury emissions and other air pollutants from power plants. The regulations were mandated by the 1990 Clean Air Act Amendments. EPA estimates that the new standards will make a major contribution to public health by preventing 11,000 premature deaths and 4,700 heart attacks annually, as well as 130,000 cases of childhood asthma symptoms and about 6,300 cases of acute bronchitis among children each year… Continue Reading

New Jersey Releases Sensible Lease Process for State Lands

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
On August 18, 2011, DEP Commissioner Bob Martin and DOT Commissioner James Simpson released a set of guidelines to revamp and apply consistency to New Jersey's land leasing process for State Lands. A panel of ten State Agencies was convened to analyze the current lease policies and compile a Lease Valuation Report that offers recommendations on leases for Tidelands; Linear Corridor Projects (other than Tidelands); Publicly Bid, Market-Based and Nominal Fee leases; Telecommunications Towers and Antennas, Aquaculture, and leases Related to Transportation Corridors. The guidelines will be adopted by all State agencies, with most of the guidelines implemented immediately… 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

Proposed Legislation Will Require Shopping Center Developments in NJ to Provide Charging Stations for Electric Vehicles

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
One of the problems with electric cars (EVs) is - what do you do when the battery runs down? Currently there are 500 charging stations in the United States and 400 of them are in California. In an attempt to address the dead battery problem and encourage purchase of EVs, on March 21, 2011, the New Jersey State Senate introduced Bill S2784 (the "Bill") which requires owners of shopping center developments to include charging stations. Under the Bill, owners of a "shopping center development" must equip not less than five (5%) percent of the parking spaces for the shopping center development with electric vehicle charging stations. Moreover, such stations must be available for use during the hours of operation of the shopping center development… 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

Port Authority of NY and NJ Tries to Catch the Wind – and its Tax Credits

Posted in Environmental & Green Issues
A bill that would add the Port District of the Port Authority of New York and New Jersey to the definition of "wind energy zones" in the newly adopted Offshore Wind Economic Development Act, was reported out of the Senate Budge and Appropriations Committee on September 13, 2010. The amendment would allow tax credits for qualified wind energy facilities in the Port District… 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

Here Comes the Sun: New Jersey Exempts Solar Panels from Impervious Coverage Limits

Posted in Development/Redevelopment, Environmental & Green Issues
A recently enacted New Jersey law encourages the use of solar energy by allowing solar panels to be excluded from the computation of impervious coverage when determining whether a development project complies with impervious coverage limitations. The new law, P.L.2010, c.4 , amends the Pinelands Protection Act, Coastal Area Facility Review Act, Highlands Water Protection and Planning Act, County Planning Act, Waterfront Development Law, and Municipal Land Use Law, as well as laws pertaining to the conversion of age-restricted community developments… Continue Reading
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