Environmental Lawyer Blog

By ROGER J. HOLT

After much thrashing about and hesitancy to act by air quality regulators throughout California and the nation, on June 2, 2010, the Bay Area Air Quality Management District (BAAQMD), which has jurisdiction over the nine counties of the San Francisco Bay area, became the first air quality regulator to adopt guidelines for numerical thresholds of significance for greenhouse gas (GHG) emissions for development projects of all types.The BAAQMD action creates

quantifiable GHG thresholds to determine levels of significance in a GHG emissions analysis. A threshold of significance is an identifiable quantitative, qualitative or performance level of an air quality effect used to determine the environmental impacts from a project. This action will lead the way for other regulators in California to control GHG emissions indirectly through the environmental review portion of the project approval process under the California Environmental Quality Act or CEQA.

Continue reading "Bay Area Air Quality District Takes The Plunge" »

By ROGER J. HOLT

The Urban Land Institute (ULI), a nationally recognized organization which encourages sustainable development practices, has favorably reviewed SB 375 in its June 2010 report, “SB 375, Impact Analysis Report.” Adopted in 2008 by the California Legislature, SB 375 for the first time links land use decisions to funding of transportation infrastructure.

Continue reading "Urban Land Institute Favorably Reviews California’s Law to Reduce Greenhouse Gas Emissions By Curbing Urban Sprawl " »

By ROGER J. HOLT

A story from the New York Times, published March 3rd underscores what we have been saying for over a year: green leases -- or commercial leases that draw on the benefits of sustainability -- are attracting the attention of both tenants and investors.

The story, "Seeing the Investor Value in Being Green," reports that a German real estate investment company, Jamestown Properties, has proclaimed that it will go "green" in its entire $4 billion portfolio of buildings here in the U.S. According to the New York Times, Jamestown will overhaul its existing properties by installing low-flow water fixtures and better lighting, by revamping heating, ventilation and air conditioning systems, and even by adding bike-share stations to some of its buildings. Jamestown expects to spend between $3 million and $10 million to retrofit its properties, the Times reported. (Click here to read the article.)

Continue reading "Green Leases Draw Attention and Investors" »

By ROGER J. HOLT

Despite a troubled economy, developers are exploring the opportunity for new Leadership in Energy and Environmental Design (LEED) certified energy efficient buildings. Likewise, many tenants are also bent on reducing their carbon footprints and meeting emerging corporate sustainability requirements demanded by their customers and encouraged by their employees. As a result, many tenants today desire to be in buildings that truly manage their energy, water and resource consumption. The bottom line is this: Building “green” requirements into commercial leases can result in growing dollars in your pocket.

But what are “green” leases? Under one definition, green leases encourage sustainability in the construction, renovation and operation of commercial buildings. Sustainability is best viewed as a journey -- a process of continued improvement to achieve higher efficiencies in water and energy usage, as well as recycled materials, waste minimization, healthier indoor air, and ever more efficient transportation options for the tenant’s employees and customers.

Continue reading "The New Wave in Building Sustainability and Efficiency: Green Leases" »

By ROGER J. HOLT

The South Coast Air Quality Management District (SCAQMD) is considering a new rule that would create an unprecedented, additional new hurdle for real estate development in Southern California. In addition to the already cumbersome and protracted local land use permitting process every major development must navigate, the District’s proposed SCAQMD Rule 2301 would impose a new, required approval process that has the potential to constrain the size of new real estate projects and further prolong the project approval process. (Click here to read.)

Continue reading "New Rule Adds New Hurdles to Development" »