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The Wendel Report: Environmental & Real Estate Update, Winter 2010

ARTICLES

"General Plans and Specific Plans: How Business and Property Owners Should Respond to Proposed Changes" by Neal A. Parish
Each city (and county) government in California is required to adopt a “comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency’s judgment bears relation to its planning.” >> read more

"The California Environmental Quality Act: A Process Primer" by Bruce S. Flushman
Simply stated, the California Environmental Quality Act (“CEQA”) requires that when a government agency exercises its judgment to approve a “project” the agency must consider the project’s environmental consequences. Although sounding straightforward, in application CEQA is anything but. The following is a very brief primer on what to expect during the CEQA process. >> read more

"A Trio of California Cases Impact Owners of Real Property" by Daniel B. Myers
This summer, state appellate courts issued several interesting decisions affecting those who own or lease property in California. This article is a brief summary of several of the key decisions. >> read more

"Soifer: No Title Company Liability for Erroneous Title Information in the Absence of a Policy" by Mark D. Epstein
Until recently, there were no published cases in California that addressed the issue of whether a title company can face negligence or other tort liability when it acts as a volunteer, by gratuitously providing title information to a party who relies on that information in deciding whether or not to purchase a particular property. >> read more

"Climate Change Corner" by Bruce S. Flushman and Jonathan W. Redding
National cap and trade legislation to limit green house gases (GHG) has been quietly buried for this term of Congress. As a consequence, the national debate on climate change and efforts to reduce green house gasses moved to the regulatory and litigation fronts. >> read more

"Storm Runoff - A Bigger Issue for Project Design" by Wendy L. Manley
Under several new rules and policies, landowners, developers, architects, and project designers will have to pay much closer attention to rainfall in planning development and redevelopment projects. >> read more

 

AWARDS & RECOGNITIONS

 "Stephen McKae Recognized for "Best Paper" at the ABA Annual Conference on Environmental Law"
 The American Bar Association Section of Environment, Energy and Natural Resources held it 39th Annual Conference on Environmental Law this March in Salt Lake City. Wendel Rosen environmental partner Stephen McKae’s white paper, “The New ‘Classic’ Divisibility: Pre-Liability Apportionment by Degree,” received recognition as “Best Paper.” To read the full text of the paper please visit: www.wendel.com/CERCLADivisibility.
 


UPCOMING SEMINARS

"Green" - What Does it Mean?
Understanding Key Green Issues Impacting Commercial Real Estate
Tuesday, November 16, 2010

Program will cover:

  • Bay Area commercial real estate market overview
  • CalGreen and other recent regulatory developments
  • Key issues in green leasing, including cost pass-throughs, remedies and liability issues
  • Tax benefits of making energy efficient improvements


For more information, please visit www.wendel.com/greenrealestate.