More Real Estate Coverage

  • September 16, 2022

    Judge Trims Calgon Carbon's Pa. Sewage Suit

    A Western Pennsylvania federal judge dismissed claims Thursday by a pair of Pittsburgh-area manufacturers that they are third-party beneficiaries of an agreement with Calgon Carbon Corp. to transport wastewater to a sewage lift station, though he said they can pursue compensation for paying for the wastewater service.

  • September 16, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the London Metal Exchange face fresh legal action over its nickel trading halt, Amnesty International sue its own arts organization over trademark licensing, and a Dutch transport technology company begin legal proceedings against Vivarail over a contract working on London Underground trains. Here, Law360 looks at these and other new claims in the U.K.

  • September 15, 2022

    Wash. Justices Find No Coverage For Seattle Tunnel Delay

    The cost of a three-year delay in construction of a Seattle tunnel caused by a broken tunnel-boring machine known as "Bertha" is not covered by insurance, a unanimous Washington Supreme Court said in an opinion entered Thursday.

  • September 15, 2022

    IRS Action Knowledge Bars Investor Suit Coverage, Court Told

    A company isn't covered in underlying litigation contending it promoted conservation easement transactions that exposed investors to Internal Revenue Service scrutiny because it knew several transactions had been disallowed before an effective date in its insurance policy, the company's insurers told a Georgia federal court.

  • September 15, 2022

    Ariz. Judge Says He'll Toss Navajo Relocation Suit

    A federal judge in Arizona has signaled his plan to dismiss litigation in which the Navajo Nation says the U.S. government shirked a decades-old duty to help Navajo citizens relocate from land belonging to the Hopi Tribe, casting the suit as an overbroad attempt to seek federal compliance.

  • September 15, 2022

    La. Judge Wipes Out Air Permits For Petrochemical Project

    A Louisiana state judge has nixed air permits for a proposed petrochemical complex in a heavily industrialized region of the state known as "Cancer Alley," saying they flouted federal law and the constitutional rights of a predominantly low-income, African-American community already ravaged by pollution.

  • September 15, 2022

    5th Circ. Says Phillips 66 And Shell Unit Must Pay Harbor Dues

    Phillips 66 Co. and a unit of Shell can't get out of paying fees to use a waterway on the Texas-Louisiana border while it is undergoing a $1.2 billion improvement project, a Fifth Circuit panel affirmed.

  • September 15, 2022

    3rd Circ. Unmoved By Nuns' Religious Challenge To Pipeline

    The Third Circuit on Thursday appeared not to buy a group of nuns' argument that the building of a natural gas pipeline on their land merited damages, suggesting that the challenge should have been brought through the Federal Energy Regulatory Commission before construction.

  • September 14, 2022

    €190M Award Fans Flames Against Investor-State Arbitration

    An international tribunal's award last month of €190 million to a British energy company after Italy banned oil and gas projects off its coastline has provided more fuel to a movement in Europe to end investor-state arbitration, even as others say the tribunal simply upheld the rule of law.

  • September 14, 2022

    Texas Aims To Take Charge Of Carbon Capture Projects

    Texas oil and gas regulators have crafted an overhaul of carbon capture and sequestration rules with the hopes of convincing the federal government to let them take the lead in overseeing long-term underground carbon storage in the Lone Star State. Here's a rundown of Texas' carbon capture moves.

  • September 14, 2022

    Offshore Wind Developer Wants $333M For Scrapped Contract

    An American wind energy developer says Ontario has scrapped its long-suspended contract for an offshore wind farm and argues that Canada owes up to $333 million for failing to protect the developer's investment, even after the country lost an arbitral fight arising from that deal.

  • September 14, 2022

    NCAI Slams 'Double Standard' For Religious Law In Mine Row

    The National Congress of American Indians has urged the full Ninth Circuit to reconsider a panel decision allowing a federal land swap over the proposed Resolution Copper Mine, saying the decision misapplies an earlier circuit ruling and risks destroying an Indigenous sacred site.

  • September 14, 2022

    White House Details $2B Biotech Supply Chain Initiative

    The White House's recently announced drive to advance U.S. biotechnology and biomanufacturing will cost more than $2 billion, the Biden administration said on Wednesday.

  • September 14, 2022

    8th Circ. Says Ark. City Can't Delay Serious Sewer Fixes

    The Eighth Circuit ruled Wednesday that Fort Smith, Arkansas, can't manage severe structural defects in its sanitary sewer system with open-ended monitoring and maintenance, but rather must complete full repairs within a set time frame.

  • September 14, 2022

    Minn. Sheriff Illegally Blocked Pipeline Protesters, Judge Says

    A Minnesota county sheriff had no authority to blockade land used by Native American activists protesting a multibillion-dollar oil pipeline expansion, a state judge has ruled, finding the property owner has broad permission to access the site via a publicly owned road.

  • September 14, 2022

    DC Circ. Questions Challenge To $45B Alaskan LNG Project

    A D.C. Circuit panel on Wednesday pushed the Sierra Club and the Center for Biological Diversity to explain what additional information the Federal Energy Regulatory Commission should've analyzed before approving a proposed $45 billion liquid natural gas export facility in Alaska, questioning the groups' claim that the agency failed to adequately review concerns about the project.

  • September 14, 2022

    11th Circ. Sends IRS' $4.6M Easement Win Back To Tax Court

    The Eleventh Circuit sent a $4.6 million conservation easement fight back to the U.S. Tax Court on Wednesday to determine if the easement was protected in perpetuity as required, saying the original reason disputed deductions were invalidated no longer stands.

  • September 14, 2022

    Judge Revokes Mojave Desert Water Pipeline Permit

    A California federal judge has revoked a permit a company obtained to convert a former natural gas pipeline to one that carries water from Mojave Desert aquifers to cities in Southern California, allowing the Biden administration to more closely scrutinize the project.

  • September 14, 2022

    Pa. Court Considers Time Limit For Challenging Regulations

    The window for Pennsylvania's legislature to challenge new regulations could be 30 days or up to 60 days, depending on the Commonwealth Court's interpretation of a state law governing "both" and "each" of the chambers following arguments on Wednesday.

  • September 14, 2022

    Bannon Associate Says DA Case Taints His SDNY 'Wall' Trial

    A Colorado man accused of pilfering a $25 million fund to build a wall between the U.S. and Mexico said Steve Bannon's recent state indictment in Manhattan over the alleged scheme makes it "all the more unlikely" he will have a fair trial in his related New York federal case.

  • September 14, 2022

    MVP: Shearman's Dan Feldman

    Dan Feldman of Shearman & Sterling LLP's project development and finance practice advised lenders on the $12 billion Jazan power plant project in Saudi Arabia, earning him a spot among Law360's 2022 Project Finance MVPs.

  • September 14, 2022

    Town, Green Groups To Sue EPA Over UNC Coal Permit

    A North Carolina town and two environmental groups told the Environmental Protection Agency on Tuesday they plan to sue the agency over its inaction on a permit allowing the University of North Carolina-Chapel Hill to operate a coal-fired power plant near campus.

  • September 13, 2022

    Gov't OKs Land-Leasing Regs For Pueblo Of Laguna In NM

    The federally recognized Pueblo of Laguna tribe in west-central New Mexico has been approved by the U.S. Interior Department's Bureau of Indian Affairs to set its own land-leasing regulations without further BIA approval.

  • September 13, 2022

    Gordon & Rees Adds Insurance Expert To Denver Office

    Gordon & Rees LLP has added a partner to its Denver office who brings two decades of experience to the firm's insurance, commercial litigation and construction practice groups, the firm announced.

  • September 13, 2022

    Interior Dept. Proposes Revamping Offshore Safety Regs

    The U.S. Department of the Interior has proposed revising a Trump-era offshore drilling safety rule that rolled back requirements enacted by the Obama administration in the wake of the 2010 Deepwater Horizon disaster.

Expert Analysis

  • 3 Trends To Watch In US Offshore Wind Development

    Author Photo

    As the offshore wind industry continues to build momentum in the U.S. with billions of dollars in new infrastructure spending and offshore lease sales, developers should keep an eye on emerging solutions to grid connectivity, expansion into new potential lease areas and more, say attorneys at V&E.

  • Inflation Reduction Act Loan Funds Will Aid Energy Innovation

    Author Photo

    By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

  • What 5th Circ. Bankruptcy Ruling Means For FERC Authority

    Author Photo

    The Fifth Circuit’s recent ruling in Gulfport Energy v. Federal Energy Regulatory Commission begs the question as to whether FERC regulations sufficiently protect pipelines from the effects of customer bankruptcies, and highlights the conflict between the commission and bankruptcy courts, say Keturah Brown and Emily Mallen at Sidley.

  • Justices Could Tighten Fraud Statute In Ex-Cuomo Aide Case

    Author Photo

    The U.S. Supreme Court has an opportunity to overturn the conviction of an aide to former New York Gov. Andrew Cuomo in Percoco v. U.S., thereby restraining federal prosecutors' use of the honest services fraud statute and confining its application to cases of true public corruption, says Scott Coffina at Montgomery McCracken.

  • A Look At 2 Frameworks For Decarbonizing Heavy Industry

    Author Photo

    Comparing common themes in two recent international frameworks for decarbonizing heavy industry reveals recent progress toward lowering emissions and highlights the key role the industrial sector will play in decarbonization efforts, say attorneys at Shearman.

  • 'Waters Of US' Meaning May Get 'Major Questions' Scrutiny

    Author Photo

    After the U.S. Supreme Court's invocation of the so-called major questions doctrine in its recent decision in West Virginia v. U.S. Environmental Protection Agency, the court is primed to use this concept to restrict federal wetlands protections under the ambiguous term "waters of the United States," says Peter Alpert at Ropes & Gray.

  • Cos. Should Engage With EPA On PVC Hazard Designation

    Author Photo

    A pending petition to the U.S. Environmental Protection Agency to classify discarded polyvinyl chloride products as hazardous waste could have wide-ranging and unanticipated effects due to the ubiquity of PVC products — so potentially regulated industries should provide information to the EPA on the economic impact of such a move, say attorneys at Kilpatrick.

  • Lessons From FERC New England Capacity Market Settlement

    Author Photo

    The Federal Energy Regulatory Commission's recent enforcement settlement with Salem Harbor Power Development illustrates the consequences for power market participants if they fail to report accurate information to independent system operators and regional transmission organizations, say attorneys at K&L Gates.

  • Fed. Circ. Ruling May Curb Gov't Contract Procedural Suits

    Author Photo

    The Federal Circuit's recent decision in Zafer Construction v. U.S. contains important takeaways for federal contractors and contracting officials on determining whether a request for equitable adjustment is a timely claim for a final decision, and will hopefully avert costly procedural litigation, say Aron Beezley and Sarah Osborne at Bradley.

  • How Justices' EPA Ruling Thwarts The Will Of The People

    Author Photo

    By reversing a long-standing presumption in favor of executive branch interpretations of ambiguous statutes, the U.S. Supreme Court's recent ruling limiting the U.S. Environmental Protection Agency's powers to fight climate change blocks the will of the popular majority that elects the president, exacerbating our political system's dysfunction, says Jonathan Martel at Arnold & Porter.

  • High Court's New EPA Ruling And Its Long-Term Implications

    Author Photo

    The U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

  • Capturing Carbon In California: Opportunities And Challenges

    Author Photo

    California is well situated to play a leading role in carbon capture and sequestration, but there remain barriers to widespread CCS deployment — including policy and regulatory hurdles, and the concerns of potentially affected communities, say Brian Israel and Samuel Pickerill at Arnold & Porter.

  • EPA Ruling Signals Arrival Of 'Major Questions Doctrine'

    Author Photo

    While the specific subject of the U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency was how the EPA may regulate greenhouse gas emissions under the Clean Air Act, the ruling's lasting legacy will be the elevation of the so-called major questions doctrine, which could constrain federal regulatory authority in many areas, says Allison Wood at McGuireWoods.

Can't find the article you're looking for? Click here to search the Real Estate Authority Other archive.