Wednesday, January 21, 2009

HOUSE DEMS’ STIMULUS BILL INCLUDES $14 BILLION-PLUS FOR WATER, ENVIRONMENT

Democrats in the House of Representatives have introduced an $825 billion stimulus package that includes more than $14 billion for water- and environment-related programs, along with $32 billion for the development of a smart power grid and more than $20 billion in tax incentives for renewable energy projects. In the water and environment area, $6 billion would go to the Clean Water State Revolving Fund (SRF), $2 billion to the Drinking Water SRF, $4.5 billion for Army Corps of Engineers civil-works projects, $500 million for Bureau of Reclamation drinking-water projects, $224 million for the International Boundary and Water Commission’s water projects, $800 million for the federal Superfund program, and $300 million for the federal underground storage tank cleanup and brownfields cleanup programs.

According to House Speaker Nancy Pelosi (D-CA), the bill is just a first step in Congress’s development of a comprehensive economic stimulus package and is likely to go through several changes as the relevant House committees review it— to say nothing of the likely differences between the House’s final legislation and any forthcoming Senate package. The House Appropriations, Ways and Means, and Energy and Commerce committees are scheduled to vote on their portions of the package this week. Pelosi said that a floor vote will take place next week.

Article from EBJ's Weekly News Update.

Wednesday, January 14, 2009

Is Solar A Net Environmental Loss?













A growing concern in the solar energy market, specifically, and the green market, generally, is the fact that much of the manufacture, distribution, and disposal of solar photovoltaic cells causes environmental damage. It is argued that the manufacture and distribution of solar panels use more energy than the panels save in their lifetimes.

In addition, silicon is a hazardous material and many of the discarded panels could end up in landfills (whether at the end of their useful lives or when materials are replaced with upgrades). In this LA Times article, Solar energy's darker side stirs concern, many of these newly-realized concerns are explored.

When you're purchasing solar panels, take care to look for companies (like Tempe, Arizona's First Solar) who offer cradle to grave handling of panels or research the emerging market of 'organic' solar cells. Curbing greenhouse gas emissions through use of alternative energy is not the only reason to think and act green - there is the factor of environmental cost throughout a product's lifecycle.

Tuesday, January 13, 2009

Sustainable Development Practices Provide Meaningful Benefits to Developers and Local Communities in Challenging Economic Times

With ongoing economic uncertainty and a lagging real estate market, Brownfield redevelopment is just the latest example of a sustainable development practice that is showing measurable benefits for both local communities and developers.

Virtually every major city within the United States, today, is burdened by abandoned manufacturing facilities and industrial sites that are impacted by known or perceived environmental contamination, known as Brownfields. Historically, the contamination of existing buildings and surrounding lands has spawned environmental concerns, discouraging many developers from taking on Brownfield redevelopment. The cleanup and development of contaminated lands is further complicated by costly and strict environmental oversight.
However, thanks to current economic development and regulatory incentives to support sustainable development, Brownfield redevelopment activity is helping reduce urban decay and reignite growth and investment in local communities throughout the United States. In addition, with a new Administration on the horizon, the environmental movement and a trend towards sustainable development practices could soon dominate community development strategies at both federal and state levels.

"Brownfield redevelopment will undoubtedly be a hot button issue in 2009, particularly with respect to government incentives for sustainable development endeavors," said Robert Fabricant, Chair of Akerman's Environment and Natural Resources practice group and former General Counsel for the U.S. Environmental Protection Agency. "This could be a win-win situation for both communities and developers in an otherwise challenging economic time."
Federal agencies such as the U.S. Environmental Protection Agency (EPA) and Economic Development Administration (EDA) under the U.S. Department of Commerce have partnered in the mission to lead the federal economic development agenda by encouraging Brownfield redevelopment projects that enhance job creation and overall community revitalization. These collaborative efforts have led to innovative government incentives, including an environmental remediation tax incentive that was signed into law in October of this year and $1.5 million of funding for Brownfield Training, Research, and Technical Assistance Grants. The U.S. Green Building Council (USGBC) has also encouraged developers to utilize Brownfields in order to help achieve the coveted USGBC LEED certification.

Akerman was instrumental earlier this year in passing Florida legislation addressing Brownfield and voluntary cleanup tax credit issues that offer a range of economic, environmental, and public health benefits to communities in which Brownfields and contaminated sites are located.
"The new bill provides important incentives and tools to encourage the voluntary cleanup and restoration of Brownfields and contaminated sites throughout Florida and bring a range of added benefits to local communities," said Jason Lichtstein, Akerman Shareholder and recently elected President-Elect of the Florida Brownfields Association. "We are very pleased about this legislation and excited about what these enhancements will do for Florida's Brownfields program and growing the program in the future."

Recent Akerman Brownfield work also includes a California project where Akerman attorneys assisted a national developer with its proposal to acquire and construct a regional shopping center on a portion of a formerly hazardous waste landfill. In Florida, Akerman assisted a client with the development of a hotel that now sits on a former Brownfield site. And in New York, Akerman is currently helping to redevelop a Brownfield, located along the Hudson River, as the site for a hotel and conference center that is expected to meet the standards for USGBC LEED Gold certification.

Click here to view the full PR Newswire article.