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Indoor air contamination notification requirements

  • Torys LLP
  • -
  • USA
  • -
  • October 2 2008

On September 5, 2008, the State of New York enacted amendments to the Environmental Conservation Law, which will require property owners to disclose to residential and commercial tenants and occupants certain test results that reveal indoor air contamination

New indoor air notification requirements for property owners

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • September 25 2008

New York State has passed a new law that requires certain owners of commercial and residential property to notify tenants if the results of soil, groundwater, or soil gas sampling on the property exceed Occupational Health and Safety Administration (“OSHA”) or New York State Department of Health (“DOH”) guidelines for indoor air quality

Congress enacts five-year extension of tax incentives for green buildings

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 9 2008

There’s good news for commercial building owners who have wanted to “go green,” but have been waiting to see whether the tax incentives for green buildings, set to expire at the end of 2008, would be extended

Preferred growth planning becomes state mandate under SB 375

  • Alston & Bird LLP
  • -
  • USA
  • -
  • October 13 2008

Newly passed Senate Bill 375 is touted as the most important “land use” bill to reach the Governor’s desk in over 30 years

New York requires property owners to notify tenants about environmental problems

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

New York State has passed a new law requiring certain owners of commercial and residential property to notify tenants if the results of soil, groundwater, or soil gas sampling on the property exceed OSHA or New York State DOH guidelines for indoor air quality

Structure of real estate deals key to determining CERCLA liability

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

In a ruling that has a potentially significant effect on the evaluation of CERCLA liability in real estate transactions, the 7th Circuit found that the title holder of contaminated property might not be an “owner” under CERCLA

Gardere submits amicus brief for the American Chemistry Council

  • Gardere Wynne Sewell LLP
  • -
  • USA
  • -
  • October 20 2008

In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure

New York law requires landlords to disclose results of certain environmental testing to tenants

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • November 10 2008

On September 5, 2008, New York Governor David Patterson signed New York State Assembly Bill A10952 (N.Y. Envtl. Conserv. Law 27-2405(2)), which requires property owners to disclose to current and prospective tenants the results of certain environmental sampling on leased property

Agreements conditioned on subsequent CEQA review violate CEQA if record shows agency already committed to project

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 4 2008

In this case, the California Supreme Court invalidated agreements by the City of West Hollywood (“City”) for a housing project that was conditioned on future environmental review

New York Governor approves two green building laws for residential and state structures

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 21 2008

In late September, New York became the latest state to give the green light to “green building,” after Gov. David Paterson signed two bills introducing green building performance standards for construction and renovation of New York state government buildings, and a Grants Program for green residential builds