More Real Estate Coverage

  • September 21, 2022

    Chocolatier Asks Court To Set Aside Verdict Over Sandy Claim

    A chocolatier asked a New York federal court to set aside a recent jury verdict and rule that a policy issued by a Chubb unit provides coverage for the company's Superstorm Sandy losses, saying the jury returned the verdict "without a scintilla of valid extrinsic evidence."

  • September 21, 2022

    2 Firms Steer Liquidity Provider's $3.5B SPAC Merger

    Beneficient Company Group LP, provider of liquidity services for investors of alternative assets, will go public at an estimated $3.5 billion value by merging with special-purpose acquisition company Avalon Acquisition Inc., the parties announced Wednesday, in a deal guided by two law firms.

  • September 20, 2022

    Labor Rules Key To Unlocking 'Bonus' Clean Energy Credits

    Large-scale clean energy construction projects that seek to claim the full value of the production or investment tax credit must now meet labor standards for the first time under Democrats' recently passed landmark climate and tax law.

  • September 20, 2022

    Bannon Ally Can't Oust 'Wall' Fraud Prosecutor, Move Retrial

    A federal judge has declined to disqualify a Manhattan prosecutor or relocate a retrial in the case of a Colorado man accused of conspiring to steal from a $25 million fund to build a wall between the U.S. and Mexico.

  • September 19, 2022

    Judge Says Banished Utes Didn't Exhaust Tribal Remedies

    A Utah federal judge tossed a lawsuit from a group of Ute Indian Tribe members challenging their temporary banishment from the tribe's reservation, saying the ousted Ute elders should have taken their case to tribal court before bringing it to federal court.

  • September 19, 2022

    Defect Exclusion Sinks Allied's $3M Facility Damage Suit

    A Florida federal judge ruled in favor of Travelers in a suit brought by Allied World Assurance Co., finding that an exclusion for design defects barred coverage for more than $3.1 million in losses and expenses related to work on a water treatment plant.

  • September 19, 2022

    Debt Investors Allege Congo Corruption In Bid To Net $30M

    An investment firm that purchases sovereign debt claims has filed a lawsuit against the Democratic Republic of Congo and several nongovernment organizations to collect on judgments totaling over $30 million, claiming that the country's top officials engaged in a conspiracy to embezzle government funds for personal gain and evade the settlement.

  • September 19, 2022

    Smoking Ban Row Belongs In Tribal Court, 8th Circ. Hears

    The Three Affiliated Tribes are asking the Eighth Circuit to send back to tribal court a suit alleging WPX Energy Williston LLC employees violated a contractual smoking ban, saying the energy company had not exhausted its tribal remedies before it went to federal court.

  • September 19, 2022

    Interior Says Inflation Reduction Act Moots Oil Lease Fight

    The U.S. Department of the Interior has told the D.C. Circuit that litigation over an offshore drilling lease sale is moot after the recently enacted Inflation Reduction Act directed the agency to reinstate the sale that a lower court previously invalidated.

  • September 16, 2022

    NYC Wants Proposed Disability Class Action Tossed Out

    The City of New York wants a judge to dismiss a proposed class action that claims it violated the Americans with Disabilities Act by allowing parking that blocked sidewalks and crosswalks in the Bronx because the city says the named agencies can't be sued individually.

  • September 16, 2022

    Calif. AG Defends Ventura County's Oil And Gas Plan

    California Attorney General Robert Bonta told a state court that a Ventura County plan to require oil and gas wells be located farther from neighborhoods and schools does not conflict with state or county laws, as Aera Energy LLC claims in its lawsuit against the county.

  • 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.

Expert Analysis

  • Capturing Carbon In California: Opportunities And Challenges

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    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'

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    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.

  • New P3 Authority Means Opportunities For Colo. Agencies

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    A recently passed Colorado law expanding public-private partnerships changes state-level project finance and infrastructure dramatically, allowing virtually all state agencies to avail themselves of P3 benefits including cost and schedule savings, sharing of risk, and access to innovation and private sector efficiency, say Gregory Johnson and Peter Gould at Squire Patton.

  • Texas Infrastructure Act And Renewables Projects: 1 Year In

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    A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

  • Cos. Should Comment Now On New Offshore Wind Areas

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    The Bureau of Ocean Energy Management's recent calls for information regarding potential wind energy areas along the Central Atlantic and Oregon coasts give developers an important opportunity to participate in creating a defensible environmental review process that will enable project development, says Andrew Glenn at Husch Blackwell.

  • How FERC Proposal Will Guide Clean Grid Development

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    The Federal Energy Regulatory Commission's major new proposal on regional electric transmission planning and cost allocation appears likely to substantially reshape how the transmission system is built out to accommodate the clean energy future, say attorneys at Day Pitney.

  • What To Expect From Biden Admin.'s NEPA Updates

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    The Council on Environmental Quality's recent National Environmental Policy Act updates will be critically important to federal agencies seeking to implement the Biden administration's renewable energy policies, but their practical impact may be limited, say attorneys at K&L Gates.

  • Adapting To New Hybrid Energy Project Contracts

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    As growing complexity and risk make contractors reluctant to sign lump-sum turnkey engineering, procurement and construction contracts for big energy projects, parties must give careful thought to how new procurement structures can encourage timely and efficient execution of the work, say Daniel Garton and David Strickland at White & Case.

  • What FERC Flip-Flop Says About Politics And Energy Projects

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    The Federal Energy Regulatory Commission's about-face on its policies for considering the environmental impacts of natural gas infrastructure shows that the agency is not immune to political pressure — so energy sector investors should stay mindful of broader politics when planning projects, say Martha Kammoun and Rachael Marsh at Bracewell.

  • Gov't On Solid Ground In Moving Against Offshore Wind Suit

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    The federal government's motion to dismiss Save Long Beach Island v. U.S. Department of the Interior, a lawsuit in a D.C. federal court over the designation of portions of the New York Bight as offshore wind energy areas, is backed by strong precedent — and the government could assert additional viable grounds to dismiss the plaintiff's claims, says Stacey Bosshardt at Perkins Coie.

  • Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • 4 Takeaways From Pa. Draft Environmental Justice Policy

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    The Pennsylvania Department of Environmental Protection's proposed revisions to its environmental justice policy, seeking to give minority and low-income communities more opportunities to participate in environmental permitting decisions, shed light on the department's shifting priorities and would add considerations for applicants, say attorneys at Saul Ewing.

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