The Wendel Report: Real Estate & Environmental, Spring 2010

Articles

• REO Pre-Foreclosure Due Diligence: Selecting the Lender's Team
  By Michael A. Dean
  For community and local banks with portfolios of nonperforming real estate loans, the days of "pretending and extending" are in the past and lenders must now make difficult decisions on how to deal with their nonperforming portfolios. For many lenders this is going to be a new experience, as many lenders do not have sufficient experienced staff to adequately deal with the myriad of issues that must be dealt with and decisions to be made.  read more >>

• CALGreen: Its Impact on New Construction in California and Third-Party Certifications
  On January 12, 2010, The California Building Standards Commission ("BSC") unanimously adopted the first in the nation green building code ("CALGreen"). This article will discuss the "mandatory" and "voluntary" measures of the new code, as well as its impact on third-party certification systems, such as LEED and GreenPoint ratings.  read more >>

• Reporting Entity Changes in Ownership: New Penalties?
  By Timothy S. Williams
  Owners of corporations, partnerships and limited liability companies that own real property in California should be aware of recent changes to California law that increase the consequences for failing to report changes in the ownership of those entities.  read more >>

• Your Tenant Goes Bust - What Next?
  By Daniel B. Myers and Mark S. Bostick
  If you are a landlord with a tenant that files for Chapter 11 (Corporate Reorganization) bankruptcy protection, what happens next? This articles provides a brief overview of the assumption/rejection process a tenant must follow after a bankruptcy filing and the landlord's rights and remedies based on the tenant's election.  read more >>

• Expansion of Storm Water Regulation Underway
  By Wendy L. Manley
  California's long-awaited issuance of the new Construction General Storm Water Permit last fall was big news, but there's more to come. US EPA is gathering information in preparation for drafting new and expanded storm water regulations. By all indications, the new regulations will address site development and design, thus directly impacting architects, builders and developers.  read more >>

• Climate Change Corner
  By Jonathan W. Redding and Bruce S. Flushman
  • National Climate Change Legislation Struggling
    The United States "pledged" at Copenhagen that by 2020 it would reduce its Greenhouse Gas (GHG) emissions by 17% from 2005 levels. Given the economy and current politics, garnering 60 votes in the Senate for a bill that will effectively tax energy consumption does not seem possible - no matter how persuasive the arguments are for the need to deal with global warming.  read more >>
     
  • BAAQMD Update on CEQA Thresholds
    On January 6, 2010, by a vote of 21-1, the Board of Directors of the Bay Area Air Quality Management District (BAAQMD) again postponed adoption of staff proposals for the strictest standard in the state for review and evaluation of GHG emissions associated with new land use developments.  read more >>