Climate Change to Receive More Attention under NEPA

Authored by:  Craig Gannett, Kerry Shea, Richard M. Glick and Lauren Giles Wishnie

Climate change will receive more attention in the analysis of environmental impacts under the National Environmental Policy Act (NEPA), according to a Draft Guidance issued on Feb. 18 by the White House Council on Environmental Quality (CEQ). Charged with advising federal agencies on the implementation of NEPA, CEQ proposes that the environmental analysis of major projects consider the effect on climate change of greenhouse gases (GHGs) that would be emitted by the proposed project, as well as the potential impact of climate change on the project itself.

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Standard Lease Forms Aren't Always Best

Authored by:  Gene Grant

As published in The Daily Journal of Commerce

Vacancy rates for commercial space, already high, continue to increase. Traditional long-term tenants are in short supply. Out of necessity, landlords are inventing new occupancy arrangements. These creative solutions, however, often require special kinds of occupancy agreements. Common examples include pop-up stores, shared offices, government agencies, and donated space. For more information, see our recent article published in The Daily Journal of Commerce

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"My Landlord Wants Me to Sign a Personal Guaranty . . . Should I?"

 Authored by:  John Benazzi

"As published in Santé Magazine"

My brother, the chef, has been looking to open his own place for a number of years now. He tells me that when he finds the "perfect" space, he is going to jump on it. If that happens, I’m sure that I will get a call from my brother asking if I have time to review his lease. He will tell me that it’s the perfect space and that I only need to take a “quick look.” He will also probably tell me that because he’s taken my advice and set up his business as a limited liability entity, that the landlord wants him sign a personal guaranty. He will want to know what that means and whether he should sign it. Here’s what I’ll tell him:

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New Seattle Ordinance Requires Building Owners to Report Annually on Energy Efficiency

Authored by:  Jim Greenfield, Carly Summers, and Lauren Giles Wishnie

            In an ordinance adopted January 25, 2010 (Council Bill No. 116731) and signed by the Mayor on February 4, 2010 (Ordinance 123226), the Seattle City Council created new energy efficiency reporting requirements for owners of nonresidential and multi-family buildings located in the City of Seattle. The ordinance adopted by an 8-0 vote, will require building owners to provide “energy benchmarking reports” to the Director of the Department of Planning & Development using the federal Environmental Protection Agency’s Energy Star Portfolio Manager or a similar system. Building owners who provide inaccurate reports or who fail to report may be cited and fined or may receive a notice of violation. Building owners must provide copies of the energy benchmarking reports to current and prospective tenants, prospective buyers and lenders who ask for them. This adds new elements of due diligence and disclosure to non-residential lease and sale transactions in the city.

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