More Real Estate Coverage

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    Construction Co. To Pay $2.3M Over Solar Farm CWA Claims

    Swinerton Builders will pay $2.3 million to settle claims it breached the Clean Water Act and the environmental protection laws of Illinois and Alabama when it illegally expelled stormwater into waterways while constructing renewable energy project sites throughout the U.S. over five years, the U.S. Department of Justice announced Wednesday.

  • January 17, 2024

    Trump Org. Pushes Back On Emoluments Allegations

    The Trump Organization repudiated claims by Democrats on the House Oversight Committee that former President Donald Trump's business received at least $7.8 million in foreign payments from at least 20 countries while he was in office.

  • January 17, 2024

    Prologis Pulls In Profits In 2023 Despite Broader Uncertainties

    Prologis earned over $3 billion last year and $630 million in 2023's fourth quarter, continuing the logistics giant's post-pandemic strong streak as broader economic strain stretches the larger commercial real estate market thin, company executives announced Wednesday.

  • January 17, 2024

    Wis. Town Ignores Right-Of-Way Act In Road Dispute, Feds Say

    A northern Wisconsin town is ignoring the Indian Right-of-Way Act when it claims the right to use roads within the exterior boundary of a reservation, the federal government said in a bid to have the town's suit against it thrown out.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Brownfields To Brightfields: Landfills Are Primed For Solar

    The phrase "one man's trash is another man's treasure" is proving quite literal in the world of brownfields, where many capped landfills generally devoid of redevelopment opportunities have finally found their niche.

  • January 12, 2024

    Mich. Township Blocked 'Green' Burial Forest, Couple Says

    A Michigan couple says Brooks Township enacted an unconstitutional ban on opening cemeteries in efforts to block their plans for a "green" burial site on their forested property.

  • January 12, 2024

    Property Plays: Scale, Rexford Industrial, CMC Group

    Scale Lending has loaned $247.7 million for a pair of New Jersey projects, Rexford Industrial Realty dropped $69.5 million on two California properties, and CMC Group has landed $239 million in construction financing for a Miami project.

  • January 12, 2024

    DOI Rule Aimed At Easing Tribal Land Trust Delays Is In Effect

    A newly implemented rule will streamline the application process for Native American tribes asking the government to take land into trust by extensively cutting down the wait time for a decision and making the entire proceeding less expensive, the U.S. Department of the Interior said.

  • January 12, 2024

    Coalition Sues Feds Over Sediment Diversion Project In La.

    A coalition of oyster fishers and growers and environmentalists is asking a Louisiana federal judge to overturn approvals for a major sediment diversion project that aims to address erosion, subsidence and sea level rise in the Barataria Basin south of New Orleans, claiming federal agencies botched their environmental reviews.

  • January 12, 2024

    Skadden, Fried Frank Guide BlackRock On $12.5B GIP Buy

    BlackRock has agreed to purchase Global Infrastructure Partners for about $12.5 billion in a cash-and-stock deal that aims to capitalize on growing long-term infrastructure investment opportunities and is intended to create "the world's premier infrastructure investment firm," the New York City-based firms said Friday.

  • January 11, 2024

    Colo. Judge Splits Class Cert In HomeAdvisor Fraud Row

    A Colorado federal judge ruled a group of service professionals can't sue HomeAdvisor as a class over claims the online marketplace sent them "bogus" home repair job leads, according to an order that certified a class for other allegations that the site has failed to take down profiles for professionals who are no longer paying members.

  • January 11, 2024

    Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses

    A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.

  • January 11, 2024

    Suit Aims To Protect Candy Darter From Coal Hauling In W.Va.

    Conservation groups are suing the U.S. Forest Service, claiming its decision to let a mining company haul coal and equipment through part of the Monongahela National Forest in West Virginia is imperiling an exceptional watershed and endangered species, including a colorfully striped fish, the candy darter.

  • January 11, 2024

    Tenn. Bill Would Boost Ag Land Eligible For Less Property Tax

    Tennessee would more than triple the amount of land within a property tax jurisdiction that may be classified as agricultural, forest or open-space land and subject to a lower tax assessment under a bill introduced in the state Senate.

  • January 11, 2024

    Fla.'s Shubin Law Expands To Tampa After Co-Founder's Split

    Shubin Law Group PA, formerly known as Shubin & Bass, revealed this week the firm bolstered its South Florida presence by adding a new partner with decades of experience in the region to helm a new Tampa office, shortly after one of its co-founders left to launch another practice of his own.

  • January 10, 2024

    WWII, Vietnam Vets Tell Jury PacifiCorp Fires Razed Homes

    Following a $90 million class verdict against utility PacifiCorp over a cluster of Labor Day 2020 fires in Oregon, jurors heard individual damages testimony Wednesday from a 101-year-old World War II combat veteran and a Vietnam War combat veteran who lost homes in the fires.

  • January 10, 2024

    Ill. City May Be Liable In Own Pollution Suit Against Metal Co.

    An Illinois federal judge has allowed a counterclaim by a scrap metal recycling company to move forward against the city of Aurora, Illinois, seeking to hold the city at least partially responsible for environmental contamination around the recycling operation.

  • January 10, 2024

    10th Circ. Urged To Keep National Monuments Designation

    Native American tribes and environmental organizations have urged the Tenth Circuit to uphold a lower court decision dismissing Utah and other groups' challenge to President Joe Biden's redesignation of large swaths of the state as part of the Bears Ears and Grand Staircase-Escalante national monuments.

  • January 10, 2024

    Wash. Judge Calls Eviction Protection Ruling 'Disturbing'

    A day after a Washington appellate court panel said the CARES Act's eviction notice requirement applies beyond late-rent cases, another judge on the court reviewing a separate eviction suggested Wednesday the ruling could lead to "disturbing" consequences if landlords aren't allowed to quickly evict violent tenants.

  • January 10, 2024

    Native Owners Again Seek To Intervene In ND Pipeline Row

    A group of North Dakota tribal landowners with property alongside a gas and oil pipeline are asking a federal district court to allow them to intervene in litigation over right of way trespassing claims through the Fort Berthold Indian Reservation, saying the federal government is only trying to protect its own interests in forthcoming breach of trust claims against it.

  • January 10, 2024

    EPA's Water Leader To Step Down After Busy Tenure

    The head of the U.S. Environmental Protection Agency's water office on Wednesday said she'll be stepping down at the end of February, after three years leading the office through a multibillion-dollar infusion and several high profile rulemaking efforts.

Expert Analysis

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • The Legal Consequences Of High PFAS Background Levels

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    As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

  • IRS Green Energy Tax Credit Notice Provides Needed Clarity

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    Recent IRS guidance clarifying how the government will determine energy community locations for purposes of bonus clean energy tax credits should help resolve risk allocation disagreements among financing parties and parties to merger and acquisition transactions, say Casey August and Paul Gordon at Morgan Lewis.

  • How State Laws Are Taking On Clean Energy Project Protests

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    By enacting legislation that streamlines siting and permitting for large-scale renewable energy infrastructure projects, states like Illinois, New York and California are keeping approval processes out of the reach of "not in my backyard" opponents and increasing the probability of meeting ambitious climate goals, says Bo Mahr at Husch Blackwell.

  • Practical Skills Young Attorneys Must Master To Be Happier

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    For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.

  • Evaluating The Legal Standing Of Natural Elements

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    Wednesday's observance of World Water Day invites questions about anthropocentric or ecocentric approaches to the rights of natural elements as thinking shifts about the legal standing of such resources, say Susan Lutzker at Lutzker & Lutzker and Thomas Wallentin at Kunz Wallentin.

  • ABA Opinion Should Help Clarify Which Ethics Rules Apply

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    A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

  • How Crypto-Friendly Bank Failures Will Change Tech Industry

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    The recent failures of Silicon Valley Bank, Signature Bank and Silvergate Capital are likely to result in significant shifts in how the global tech industry and its financial partners address legal, compliance, regulatory and business risks, says Erin Bryan at Dorsey & Whitney.

  • 4 Ways To Reboot Your Firm's Stalled Diversity Program

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    Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

  • What To Expect From A Litigation Finance Industry Recession

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    There's little data on how litigation finance would fare in a recession, but a look at stakeholders' incentives suggests corporate demand for litigation finance would increase in a recessionary environment, while the number of funders could shrink, says Matthew Oxman at LexShares.

  • Insureds Must Prep For Drought-Related Service Interruptions

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    Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

  • How To Select The Right Arbitrator For A Construction Dispute

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    In construction disputes, selecting an arbitrator is a critical decision with many nuances to consider, as different types of potential panelists all come with their own experiences, views and possible biases, says Edward Gentilcore at Blank Rome.

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