BW INSIGHTS

EPA’s Final Rule for particulate matter (PM) NAAQS

By Ellen Hames | 03.07.2024

On February 7, 2024, the U.S. Environmental Protection Agency (EPA) published a Final Rule on its reconsideration of the National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM), to lower the primary annual PM2.5 standard from 12.0 micrograms per cubic meter to 9.0 micrograms per cubic meter. The EPA retained the current... Read More

Navigating the Legal Landscape: Smart Buildings in Commercial Real Estate

By Sheridan DeJong | 01.30.2024

In the rapidly evolving landscape of commercial real estate, the integration of smart building technologies has become a game-changer. Smart buildings leverage cutting-edge technologies to enhance efficiency, sustainability, and user experience. However, as these innovations become more prevalent, legal implications surrounding their... Read More

Wind Farm  Assessments for Repowers Have Changed

By Kelli Orton | 09.01.2022

During the most recent legislative session, the Iowa legislature passed a new law affecting the assessment of wind turbines that could have a big impact on operators planning to repower their turbines. If the county adopts the special wind farm assessment ordinance, the wind turbines are each assessed based upon the value of the turbines,... Read More

45Q Carbon Sequestration Tax Credit: What It Is & How To Get It

By BrownWinick | 07.15.2022

The Carbon Sequestration Tax Credit (commonly referred to as the 45Q Tax Credit) was first added to the tax code in 2008, with subsequent expansions and clarifications in 2018 and 2021. This article will walk you through the basics of what the 45Q tax credit is and how to know if you are eligible to receive it. What is carbon sequestration? Carbon... Read More

The EPA's Rule Withdrawal Impact on Environmental Due Diligence

By Ellen M. Hames & Karen L. Karr | 07.12.2022

Since our last post, “New ASTM Standard for Commercial Real Estate Phase I Environmental Site Assessments”, the Environmental Protection Agency (the “EPA”) withdrew its direct final rule to adopt the new ASTM E1527-21 standard for the EPA’s “All Appropriate Inquiry” rules. The “All Appropriate Inquiry” rules provide a framework under which a... Read More

Less is More - New Requirements for Iowa Groundwater Hazard Statements

By Ross Curnow | 06.09.2022

When it comes to real estate transactions, brokers, agents, lenders, and attorneys tend to use phrases and jargon that—while not always completely clear to non-industry folks (including their clients)—are generally known and understood by their industry counterparts. A common example are the varied references to closing documents, sometimes noted... Read More

New ASTM Standard for Commercial Real Estate Phase I Environmental Site Assessments

By Karen L. Karr & Ellen M. Hames | 05.17.2022

On November 1, 2021, the American Society of Testing and Materials (ASTM) International released its revised standards for conducting an environmental site assessment of a parcel of commercial real estate. The new standard updates the previous standard released in 2013. Now referred to as ASTM E1527-21, the ASTM standard is widely used to satisfy... Read More

Iowa Property Tax Protests & Appeals

By Katherine McKain | 03.30.2022

The Iowa property tax is a tax on “real property”, which includes (among other things) land, buildings, structures, or improvements constructed on or attached to land. Assessments of real property occur every two years, in odd-numbered years. The assessment is intended to be the actual or market value for most property taxes. Iowa Code Chapter... Read More

U.S. Supreme Court to Take on WOTUS Definition

By Ellen Hames | 03.07.2022

The U.S. Supreme Court recently announced that it will hear an appeal on a Waters of the U.S. (WOTUS) case in the case of Sackett v. U.S. Environmental Protection Agency. A decision from the Supreme Court will hopefully clarify the scope of WOTUS, which, though it is only a definitional gap, has far reaching impacts for what types of waters can be... Read More

Eviction and Foreclosure Prevention Program

By Kelli Orton | 08.12.2020

In an effort to reduce the number of evictions and foreclosures in the State of Iowa due to the pandemic, Governor Reynolds created the COVID-19 Eviction and Foreclosure Prevention Program. This program provides rental assistance or mortgage assistance for up to four months for a household who has had a reduction in income due to the pandemic.... Read More