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Real Estate, Land Use & Environmental Law Blog

Start Spreadin’ the News: California Court Says No to New York, New York; Rejects Forum Selection Clause

By Steven Cardoza & Jacqueline Gottlieb Luther

December 4, 2019

Sinatra may have found success in the city that never sleeps, but a California court has just made it more difficult for any party doing business with a California resident to do the same. At least, when it comes to resolving disputes without a jury in a New York courtroom, or in the courtroom of any other jurisdiction that enforces pre-dispute jury trial waivers. This case will be of major interest to commercial lenders, and…

Real Estate, Land Use & Environmental Law Blog

Fall Season Results in California Coastal Commission Victories

By Whitney Hodges & Rachel Keeney

November 14, 2019

This Fall, the California Coastal Commission (“Commission”) was handed down two significant victories, further cementing its authority and jurisdiction within California coastal zones. These cases demonstrate that, in certain instances, compliance with the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”) and local regulations may not be enough to secure development rights for either private developers or local governments.…

Real Estate, Land Use & Environmental Law Blog

New Law Aimed At Assisting Low Income Renters Invokes Additional Restraints on California Landlords

By Gregory Hurley, Rachel Keeney & Marko Valentine*

November 6, 2019

As part of his last legislative act of 2019, Governor Newsom signed 18 housing-related bills into law in an attempt to alleviate California’s housing crisis. This package included Senate Bill (“SB”) 329, which prohibits landlords from denying prospective tenants based on their use of certain federal, state, or local subsidies.…

Real Estate, Land Use & Environmental Law Blog

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water Act

By Keith Garner & Daniel Maroon

October 24, 2019

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) published a rule on October 23, 2019, repealing the Clean Water Rule promulgated by the Obama administration in 2015. The rule, which goes into effect on December 23, 2019, puts the pre-2015 regulations governing areas subject to federal jurisdiction under the Clean Water Act back into place nationwide. Environmental groups and state attorneys general have vowed to challenge the repeal in…

Real Estate, Land Use & Environmental Law Blog

California’s “Housing Crisis Act of 2019” May Boost Housing Production or Just Boost Housing-Related Litigation

By Jeffrey Forrest & Kelsey Clayton*

October 11, 2019

On October 9, 2019, Governor Newsom signed into law Senate Bill (SB) 330, or the “Housing Crisis Act of 2019” in an effort to combat California’s current housing shortage, which has resulted in the highest rents and lowest homeownership rates in the nation. In a nutshell, the Housing Crisis Act of 2019 seeks to boost homebuilding throughout the State for at least the next 5 years, particularly in urbanized zones, by expediting the…

Real Estate, Land Use & Environmental Law Blog

FERC Proposes Major Changes to PURPA Regulations Impacting Qualifying Facility Rates and Requirements; Throwing Roadblocks in the Path of Renewable Energy Development

By Mark Sundback, Kenneth Wiseman, William Rappolt, Andrew Mina & Alexander Robinson

September 26, 2019

The Federal Energy Regulatory Commission (“FERC”) requested comments on a proposed rulemaking to revise its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Notice of Proposed Rulemaking (“NOPR”), among other things, would diminish benefits that have been afforded to Qualifying Facilities (“QFs”), including the availability and value of the “PURPA-put.” The proposed changes also could potentially block certain wind and solar projects that previously would have qualified as small power production…

Real Estate, Land Use & Environmental Law Blog

Proposed Rule Expands CFIUS Jurisdiction to Real Estate Investments That Pose a National Security Risk; Could Have Major Impacts on Dealmaking

By Brian Weimer, Reid Whitten & Eamon Tierney

September 25, 2019

Key Takeaways: What is CFIUS? The Committee on Foreign Investment in the United States, or CFIUS, is an interagency committee chaired by the Secretary of the Treasury which is authorized to review and approve transactions involving foreign investment in the United States that could impact U.S. national security. Expanded Jurisdiction. The Treasury Department has issued a new proposed rule (Proposed Rule) conferring jurisdiction on CFIUS for specific real estate transactions in the U.S. subject to…

Real Estate, Land Use & Environmental Law Blog

Statewide Residential Rent Control Passed In California

By Talya Gulezyan & Jim Lonergan

September 23, 2019

The California Legislature has passed AB1482 providing for comprehensive statewide residential rent control and eviction protections and sent it to the Governor for signature, which is expected. Commencing January 1, 2020, AB1482 prohibits a landlord of a residential property from increasing the gross rental rate more than five percent (5%) plus the percentage change in the cost of living, within a 12-month period. AB1482 also requires a landlord to evict a tenant only for “just…

Real Estate, Land Use & Environmental Law Blog

Politics Trumps Economics? Trump’s Revocation of California’s Waiver Under the Clean Air Act

By Nicholas van Aelstyn

September 18, 2019

brown-layer-of-los-angeles-smog-picture-id621936734

Today President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s Governor Newsom and Attorney General Becerra immediately announced that the state would file suit to challenge the revocation. While the revocation has been characterized as an immediate rollback, the federal corporate average fuel economy (CAFE) standards[1] established under the previous administration,…

Real Estate, Land Use & Environmental Law Blog

Endangered Species Act Rulemakings Face Immediate Challenge

By James Rusk & Daniel Maroon

September 3, 2019

On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the “Services”) published final rules amending three important parts of the federal regulations that implement the Endangered Species Act (16 U.S.C. §§ 1531 et seq.). The amended rules, which will take effect on September 26: Eliminate the automatic extension of protections to threatened (as opposed to endangered) species; Revise the provisions for designating critical habitat and listing and de-listing species…

Real Estate, Land Use & Environmental Law Blog

Up-to-date Information on Real Estate, Land Use & Environmental Law

Blog Authors

Start Spreadin’ the News: California Court Says No to New York, New York; Rejects Forum Selection Clause

Fall Season Results in California Coastal Commission Victories

New Law Aimed At Assisting Low Income Renters Invokes Additional Restraints on California Landlords

EPA and Army Repeal Clean Water Rule and Move Forward with Plan to Redefine Waters Subject to Federal Regulation under Clean Water Act

California’s “Housing Crisis Act of 2019” May Boost Housing Production or Just Boost Housing-Related Litigation

FERC Proposes Major Changes to PURPA Regulations Impacting Qualifying Facility Rates and Requirements; Throwing Roadblocks in the Path of Renewable Energy Development

Proposed Rule Expands CFIUS Jurisdiction to Real Estate Investments That Pose a National Security Risk; Could Have Major Impacts on Dealmaking

Statewide Residential Rent Control Passed In California

Politics Trumps Economics? Trump’s Revocation of California’s Waiver Under the Clean Air Act

Endangered Species Act Rulemakings Face Immediate Challenge

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