It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has found itself coping with greenhouse gases (GHG) issues in its administration of the laws applicable to agriculture and the national forests. The ambitious scope of the current “all of government” approach may be discerned after learning how many disparate federal agencies are employed in implementing this policy. So many actions have been proposed or completed that some state officials are experiencing “comment fatigue” because they are being overwhelmed by the scope, size, and complexity of these federal initiatives. The Environmental Protection Agency is, of course, at the forefront of these actions and activities, as described below.
In “No Cutting the (Priority) Line!: Incidental Beneficiaries to Assumed Contracts and Leases Cannot Assert Cure Claims Against Debtors,” colleagues Dania Slim and Alana A. Lyman examine a recent Second Circuit decision that suggests incidental beneficiaries without legal rights under assumed contracts or leases may not assert cure claims.
Cities in the San Francisco Bay Area are frantically working to finalize their state-mandated “housing elements” in their General Plans by the January 31, 2023, deadline imposed by the California Department of Housing and Community Development (HCD). For Bay Area cities like San Francisco, Oakland, San Jose and Berkeley, the plans must be approved by HCD on or before January 31, 2023. California municipalities have extra incentive to get their housing elements approved this year, because the failure to meet the deadline may subject them to a remedy known as the “builder’s remedy.”
This week’s round-up features the intersection of real estate and energy efficiency, including state efforts surrounding clean energy legislation, Inflation Reduction Act tax credits, hotel & hospitality sectors creating sustainable initiatives to reduce carbon emissions, and more.
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Under the Corporate Transparency Act, certain corporations and limited liability companies will be required to report the beneficial owners of the entity to FinCEN, and those forming such entities will need to provide certain information as well. Entities organized solely to hold real property are currently not exempt under the rules. The related regulations were released in late 2021 and were only proposed regulations, so guidance to date is still potentially in flux, but are expected to go into effect in the foreseeable future.
The Supreme Court rejected EPA’s Obama-era Clean Power Plan in a decision that has significant implications both for future attempts by EPA to regulate CO2 emissions and for other agencies attempting to promulgate rules that implicate “major questions.” In “Supreme Court Issues Opinion in West Virginia v. EPA” Anne Idsal Austin, Shelby L. Dyl, Sheila McCafferty Harvey discuss the impact the decision will have on environmental policy.
Jamie Bobotek, Pillsbury partner, will be moderating during the “Redefining Live-Work-Play: A National Landing Development Outlook” panel at Bisnow’s National Landing Update: NoVa’s Newest Live, Work, Play Destination event on March 22. For more information and to register, please visit the event page.
For the OECD Nuclear Energy Agency‘s recently released Principles and Practice of International Nuclear Law, Pillsbury partner William E. Fork has joined with Akos Frank (NKT) to provide a lawyer’s view of nuclear project development in Chapter 6: Nuclear Trade and Project Development discussing new builds, project development and construction.
The Biden Administration announces the Building Performance Standards Coalition, commercial real estate sales in the metaverse topped $500 million in 2021, the New York eviction ban expires, and more. Continue Reading ›