Forming an ECODistrict

The movement behind ECODistricts is gaining momentum. Around the country and, most notably, in the Pacific Northwest, civic leaders, sustainability experts and leadingedge property developers are exploring the concept of ECODistricts. ECODistricts take the most successful elements of sustainable practices in the environmental, social and economic fields, and combine them into a single neighborhood to achieve a new level of sustainability.

New Guidance Issued by Securities and Exchange Commission for Climate Change Disclosures by Public Companies

On February 2, 2010, the Securities and Exchange Commission (“SEC”) published an interpretive release to provide guidance to public companies on the SEC’s existing disclosure requirements relating to climate change. Those requirements apply to registration statements and periodic reports filed under the Securities Act of 1933 and the Securities Exchange Act of 1934.

This is the first time the Commission has addressed climate change disclosures. The interpretive release does not create new legal requirements or modify existing requirements. Instead, the guidance is intended to provide clarity about the requisite disclosures for public companies regarding the impacts of climate change on their businesses. The guidance is meant to foster consistency in the treatment public companies give to their disclosures related to climate change.

Multifaceted Incentive Programs Move Oregon to Front of Pack

With all the attention that Oregon’s Business Energy Tax Credit, or BETC, has been getting of late, it might seem as if it’s the only game in town that’s providing incentives for renewable energy and sustainability projects in the state. But BETC is much broader than the points of concern raised by various critics, and there are a number of other non-BETC programs available that continue to make Oregon a leader in providing businesses and residents with significant incentives for sustainability projects.

Oregon is at a Clean-Tech Crossroads

Over the past several years, Oregon has taken a leadership position in renewable energy, energy efficiency and clean-technology development. Largely due to progressive energy policy and strategic incentives, Oregon has become a national focal point for solar energy manufacturing, wind energy production, and most recently, electric vehicle technology and infrastructure.

2010: The Year of Energy Efficiency?

Conserving energy no longer is considered merely a “personal virtue.” The cost of generating a kilowatt of electricity from a new facility typically is five times more expensive than saving a kilowatt of electricity in the existing system. Not surprisingly, then, there is a sharpening focus on reducing energy use, growing jobs and reducing homeowner utility costs.

Lane Powell Sustainability and Climate Change

Lane Powell is well-versed in the rapidly evolving legal and regulatory environment that is sustainability and climate change. Indeed, our lawyers also participate in many of the business and government task forces that are shaping those future laws and regulations. In recognition of the scope of the issues, Lane Powell formed its Sustainability and Climate Change team from the many disciplines involved – construction, corporate, environmental, land use, real estate, renewable energy and tax – to provide our clients with up-to-date advice on the state of the law and what may be coming in the near future. View the attached compilation of information authored by our attorneys.

Are Washington State Greenhouse Gas Reporting Rules About to Change?

The Washington Department of Ecology (”Ecology”) is asking for changes to the state law that directs the agency to issue rules for reporting greenhouse gas emissions starting January 1, 2010. Ecology’s goal is, at least in part, to ensure that the State’s greenhouse gas reporting requirements are in line with the federal government’s.

Lawyers Witness Upswing in Sustainable Law Trends

As former advisor to Oregon Governor Ted Kulongoski on sustainability-related public policy, a position I held for the past seven years, I’ve helped the governor push forward some of the nation’s most cutting-edge energy and climate change policies.

As I transition into providing private legal services to clients in the sustainability arena in the Pacific Northwest, I am now helping companies tackle a variety of legal issues arising from increased investment in renewable energy and greenhouse gas (GHG) reduction activities, among other things. Following are some trends I predict many lawyers practicing in the sustainability arena will be faced with in coming years.

View full article (PDF).

This article appeared in the October 2009 issue of Sustainable Industries magazine.

Washington State’s Proposed Mandatory Greenhouse Gas Reporting Rules Differ from Federal Government’s Rules – Which Will Prevail?

Businesses operating in the state of Washington might be understandably confused as a result of the Washington Department of Ecology’s (“Ecology”) release on October 2 of its draft greenhouse gas emission (“GHG”) reporting rules, which differ in some material ways from the federal Environmental Protection Agency’s (“EPA”) reporting rules released on September 22.

View full article (PDF).

Making Green Easy for Your Tenants

New state and federal laws, policies and executive orders have the building industry crying for mercy. While the politics of Green can be overwhelming at times, let’s face it: Green is the new black, and it’s here to stay. Even if you don’t believe the world is warming, there are plenty of good reasons to embrace Green building principles. It’s been shown, for example, that Green building practices provide a safer and healthier interior environment, which translates into increased productivity. What’s more, it’s not hard being Green. Here are a few easy steps any business or property owner can take.

View full article (PDF).

This article appeared in BUILDERnews magazine.

ECODistricts Take Shape

The newest planning tool being talked about in the world of sustainability is the ECODistrict. It’s a unique Green building concept that takes the most successful elements of sustainable practices in the environmental, social and economic fields and combines them into a single neighborhood to achieve a new level of sustainability. View full article (PDF).

This article appeared in BUILDERnews magazine.

Need a Little Incentive? Tax Credits that Can Help You Save Money

While the American Recovery and Reinvestment Act of 2009 provides a number of federal income tax incentives to businesses, it is important to remember that there are also a wide variety of state and local tax incentives available to taxpayers, ranging from income tax credits and sales and use tax exemptions to relief from property taxes on qualifying investments. With proper planning, developers and their customers may be able to realize a significant reduction in the state and local tax costs associated with the development and ownership of commercial and industrial real estate. View full article (PDF).

This article appeared in BUILDERnews magazine.

Washington Climate Change Executive Order Signed

Governor Christine Gregoire signed an executive order on May 21, 2009, that adopts many of the measures that the Legislature failed to pass in its recent session. Executive Order 09-05, titled “Washington’s Leadership on Climate Change,” directs various state agencies to take actions to continue efforts to address greenhouse gas emissions. The order adds some provisions from the Governor’s climate change bill, while stopping short of actually adopting cap-and-trade. View full article (PDF).

Stimulus for smart grids is welcome, but faces challenges

As money starts flowing from the economic stimulus package passed by Congress and signed by President Obama, there is plenty of good news for supporters of energy conservation and renewable energy, but also some challenges. The American Recovery and Reinvestment Act of 2009 contains several provisions for increased funding, extended tax incentives, or outright grants to encourage renewable energy projects, energy savings and green jobs. One key feature of the bill is $30 billion in funding to upgrade the power transmission system and develop so-called smart grid technology. While funding is certain to help, upgrading an overburdened power grid and implementing smart technology both come with issues that money alone may not solve. View full article (PDF).

This article first appeared in the Puget Sound Business Journal.

EPA Issues Proposed Greenhouse Gas Reporting Rule

After several months’ delay and a change in administrations, the U.S. Environmental Protection Agency (“EPA”) has issued a proposed rule that would require major emitters to collect data on the amount of their greenhouse gas (“GHG”) emissions starting January 2010 and report starting January 2011. In what is the first significant climate change regulatory step by the new president, the proposed rule would apply to approximately 13,000 large industrial sources around the country that emit more than 25,000 metric tons of GHGs. View full article (PDF).

LEEDing the Way in a New Year

Early this year, a significant milestone in the green-building movement will occur as the U.S. Green Building Council goes live with “LEED 2009,” a significant update of its renowned building rating system. View full article (PDF).

This article first appeared in Seattle Business magazine.

Federal Stimulus Provides Major Funding for Renewable Energy and Energy Conservation

The economic stimulus package passed by Congress and signed today by President Obama contains good news for supporters of renewable energy and energy conservation. The American Recovery and Reinvestment Act of 2009 provides increased funding, extended tax incentives and outright grants to encourage renewable energy projects, energy savings and green jobs. View full article (PDF).

Green Leasing: Implementing Sustainability Concepts in Commercial Leases

Everyone wants to own or occupy a green building. Unfortunately, traditional full service and net leases are seriously deficient in fostering sustainability practices. Current commercial leasing practices and documents can have numerous undesirable consequences when used in a green project. Traditional full service and net leases result in inappropriate allocation of the costs and benefits of going green, are deficient in describing the ongoing responsibilities of landlord and tenant in maintaining green certifications and fail to create a relationship between landlord and tenant that will foster compliance with sustainability goals. Green leasing demands new approaches to meet the needs of both landlord and tenant. View full article (PDF).

This article first appeared in the February 2009 Portland State University Center for Real Estate Quarterly & Urban Development Journal.

Climate Change Regulation: What is Ahead For 2009?

Individual states, such as Washington, Oregon and California, with the absense of federal legislation, have already banded together to address greenhouse gas emissions and moved forward with their own efforts. Lane Powell Shareholder Mike Nesteroff discusses how under President-elect Barack Obama’s new administration, there could be dramatic new efforts by the federal government to address climate change. Nesteroff also discusses the impact that the new system could make in the current economic climate. View full article (PDF).

Governor’s ‘green’ agenda will also impact real estate – Proposals include mandating improved energy efficiency

By many accounts, nearly 40 percent of the world’s carbon emissions are a byproduct of the power produced for residential and commercial consumption. In an effort to curtail these carbon emissions, significant efforts are ongoing to create clean sources of power. View full article (PDF).

This article first appeared in the Portland Business Journal.