More Real Estate Coverage

  • November 22, 2023

    With FERC Stalled On Pipeline Policy, Courts Could Show Way

    There's little indication that a long-awaited revision of the Federal Energy Regulatory Commission's gas infrastructure approval policy is imminent, which means any further clarity on how the agency should factor climate change into its reviews will likely come from the courts. Here's a trio of pending D.C. Circuit cases that could provide FERC with further guidance on how it should evaluate the climate impacts of gas projects.

  • November 22, 2023

    Florida Tribe Seeks To Overturn EPA Water Permit Decision

    A Native American tribe has asked a federal court for a quick win in its lawsuit challenging the U.S. Environmental Protection Agency's approval of Florida's effort to take over a Clean Water Act permitting program, saying the tribe's waters are outside the state's regulatory jurisdiction.

  • November 22, 2023

    NJ Bill Aims To Tax Water Protection Upgrades On Public Land

    New Jersey would levy property tax on dams, buildings and other improvements built on public land to protect public water supplies under a bill introduced in the state Assembly.

  • November 22, 2023

    NJ Assembly Bill Seeks Tax Break For Conservation Sales

    New Jersey would allow individuals to claim a gross income tax deduction for money earned through the sale of real property to conservation groups as part of a bill introduced in the state Assembly.

  • November 21, 2023

    Green Orgs Fight Back On Corps' Brief In Port Expansion Row

    Conservation groups challenging the U.S. Army Corps of Engineers' review of a dredging project to widen shipping lanes for Puerto Rico's largest port told the D.C. Circuit the agency is trying to paper over an inadequate analysis with arguments that focus on post-decision developments and justifications.

  • November 21, 2023

    Ohio Firm Must Face Malpractice Suit Over Mineral Rights

    An Ohio state appeals court this week revived a former client's malpractice suit against McCamic Sacco and McCoid PLLC, finding that a dispute still exists over her mineral rights interest and what the firm's duty was in protecting it.

  • November 21, 2023

    Coast Guard Contractor Settles $1M Dredging Dispute

    A military contractor and subcontractor have settled their dispute over a contract to dredge a waterway in North Carolina for the U.S. Coast Guard after the subcontractor said Joint Forces Construction failed to pay it over $1 million for its work and the contractor said Carolina Marine Structures cost it $700,000 by doing a bad post-work survey.

  • November 21, 2023

    Energy Bonus Credits' Labor Rules Set Bar Too High, IRS Told

    Complying with proposed IRS labor rules that are critical in claiming the 2022 climate law's bonus tax credits will be challenging for project owners, stakeholders told the agency Tuesday, citing hurdles such as daunting record-keeping requirements and unclear construction start dates.

  • November 21, 2023

    Ga. Fragrance Co. Seeks Exit From Homeowners' Class Suit

    A Georgia-based fragrance maker is seeking an early exit from a proposed class action brought by nearby homeowners who are accusing the company of negligence after a chemical explosion, saying its neighbors failed to provide any evidence or respond to discovery.

  • November 21, 2023

    Polsinelli Hires 3 CRE Attorneys From Nelson Mullins In DC

    Polsinelli PC has hired three Nelson Mullins Riley & Scarborough LLP attorneys, two of whom are joining as shareholders, who focus their practices on commercial real estate and related matters, the firm announced Monday.

  • November 20, 2023

    Mont. Ranch Sues Forest Service Over Gate Access

    Incline Ranch LLC on Monday accused the U.S. Forest Service of violating its easement with the ranch's owners by placing a gate to a nearby national forest on Incline's land, causing an overflow of public parking on the property and restricting access to portions of its acreage.

  • November 20, 2023

    RE Brokerage's Parent Co. Can Intervene In Coverage Suit

    Century 21 Real Estate can intervene in a suit from its insurer that seeks to duck coverage claims in an underlying action over alleged violations of Washington state consumer protection laws, a federal magistrate judge said. 

  • November 20, 2023

    Enbridge Unit Seeks Land Access For Texas Pipeline Project

    An Enbridge Inc. unit urged a Texas federal court Monday to convey Cameron County land so that it can conduct environmental surveys for a federally approved 137-mile natural gas pipeline project, alleging that it can't get a response from two landowners to secure permission for the surveys.

  • November 17, 2023

    Rio Tinto Pays $28M To Settle SEC Fraud Suit

    Mining giant Rio Tinto PLC has agreed to pay $28 million to settle the U.S. Securities and Exchange Commission suit against the company over its public forecasts for the success of an ultimately decimated Mozambique mining project, according to a letter filed Friday in New York federal court.

  • November 17, 2023

    Tribe Says Feds Can't Represent Interest In Grounds Dispute

    The Poarch Band of Creek Indians has told the Eleventh Circuit that the federal government can't best represent its interests in a case over a burial grounds site, saying a lower court correctly found the tribe is a required party but can't be joined due to sovereign immunity.

  • November 17, 2023

    Preschool Wants To Stop End Of Nature Center Lease

    An early childhood education institution on Friday sued the Audubon Society of Western Pennsylvania for $50,000, saying the organization breached a contract that provided space for the school by terminating the agreement early for no reason.

  • November 17, 2023

    Skanska Hit With $1.69M Verdict In Oyster Destruction Suit

    A Florida state jury has awarded the owner of an oyster farm nearly $1.7 million in damages in a trial against Skanska USA Civil Southeast Inc. over the destruction of 800,000 oysters during Hurricane Sally in 2020.

  • November 17, 2023

    DC Circ. Backs FERC Over Grid Replacement Projects Order

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's determination that transmission owners within the footprint of the nation's largest regional grid operator retain the authority to plan and build new projects to replace their aging facilities.

  • November 17, 2023

    Black La. Residents Lose Suit Over Chemical Plant Approvals

    A Louisiana federal judge permanently tossed a suit filed by Black Louisianians who claimed that St. James Parish's government and Legislature intentionally approved harmful petrochemical facilities in predominantly Black districts and protected predominantly white districts from those facilities.

  • November 17, 2023

    Property Plays: GreenRock, Alpine Income, Forethought Life

    GreenRock Capital and Petros PACE Finance have provided $62.2 million in financing for a California luxury hotel project, Alpine Income Property Trust has loaned $30.8 million for various retail properties and Forethought Life Insurance has loaned $131 million for an Illinois Amazon warehouse.

  • November 17, 2023

    NY Bill Seeks To Stop Selective Energy System Tax Breaks

    New York taxing jurisdictions would not be able to pick which solar or wind energy systems are exempt from property tax under a bill introduced in the state Assembly.

  • November 17, 2023

    Wis. Lawmakers OK Wider Farmland Preservation Tax Breaks

    Wisconsin would expand eligibility for farmland preservation tax credits and increase the amounts of credits that eligible landowners could receive for qualifying acres under a bill approved by state legislators.

  • November 17, 2023

    Treasury, IRS Propose Rules To Limit Easement Deductions

    The Internal Revenue Service proposed guidelines Friday clarifying a new law meant to stop partnerships from claiming unwarranted tax deductions for conservation easement donations, including detailed rules for calculating partners' bases and new recordkeeping requirements for substantiating deductions.

  • November 17, 2023

    IRS Floats Rules To Broaden Green Energy Investment Credit

    The IRS proposed rules Friday that would broaden eligibility for the clean energy investment tax credit, retooled in the 2022 landmark climate law, to include utility-scale properties outfitting or developing newer forms of technologies such as battery storage systems attached to solar energy properties.

  • November 16, 2023

    Alaska Says Tribal Fishing Suit's Aboriginal Rights Claim Fails

    Top Alaskan officials have opposed the Metlakatla Indian Community's latest bid to win its lawsuit claiming it is entitled to fish in a network of waterways near its reservation, telling a federal judge the tribe's aboriginal rights argument is unconvincing.

Expert Analysis

  • How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Cases Show Real-World Laws Likely Apply In Metaverse

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    Although much has been written about the so-called unprecedented legal issues raised by the metaverse, recent federal cases demonstrate that companies can expect metaverse activities to be policed and enforced much like they would be in the physical world, say attorneys at Crowell & Moring.

  • Permitting Reform: Electric Transmission Implications

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    While Sen. Joe Manchin recently withdrew his energy infrastructure permitting reform proposal, it is likely that it will remain high on the congressional agenda — especially given its potential to transform authorizations and reviews for electric transmission projects, say attorneys at Steptoe & Johnson.

  • Justices' Clean Water Act Queries Hint At Search For Balance

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    While some predict that the U.S. Supreme Court's conservative majority will use Sackett v. U.S. Environmental Protection Agency to strike a blow against the Clean Water Act, the justices' scrutiny of simplistic industry assertions during oral argument offers hope that they may render a more nuanced verdict, says Sambhav Sankar at Earthjustice.

  • San Diego Arena Provides Case Study Of Surplus Land Act

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    A San Diego municipal sports arena property, which recently obtained approval from the California Department of Housing and Community Development, provides a valuable lesson regarding compliance with Surplus Land Act requirements, and the delays that can otherwise ensue, says Elinor Eizdi at Nossaman.

  • EPA Guidance Signals Greater Enviro Justice Focus In Permits

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    A list of frequently asked questions recently released by the U.S. Environmental Protection Agency emphasizes environmental justice and civil rights considerations in permitting for a wide range of commercial activities across many industries, and is likely to reverberate loudly in environmental permitting for years to come, say attorneys at King & Spalding.

  • Unpacking The Inflation Reduction Act's Energy Tax Credits

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    Provisions in the recently enacted Inflation Reduction Act that affect how taxpayers can monetize clean energy tax credits will change how clean energy projects are financed, but taxpayers that may not be allowed multiple credits need to determine which type of credit will be the most advantageous, say attorneys at BakerHostetler.

  • How COVID Has Changed Project Development And Finance

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    Two and a half years into the pandemic, some COVID-19-specific provisions are now common in the project development and finance markets, while others are still undergoing negotiation, say Nate Galer and Katy McNeil at Mayer Brown.

  • Hydrogen Sector Needs More Regulatory Certainty

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    While recent policy developments have raised hopes about hydrogen as a clean energy technology, unlocking hydrogen's full potential will require more clarity about how its large-scale production, transport and use will be regulated on a long-term basis, say attorneys at Troutman Pepper.

  • Dropped FCPA Case Holds Key Reminder For Defense Attys

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    The U.S. Department of Justice’s recent decision, based on newly discovered evidence, to drop Foreign Corrupt Practices Act charges against two defendants involved in a Haitian port development project underscores the need for defense counsel to hold the DOJ to its own policies and precedents in all types of criminal cases, say attorneys at Miller & Chevalier.

  • How Inflation Reduction Act Will Lift Offshore Wind Projects

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    The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

  • ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief

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    The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.

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