More Real Estate Coverage

  • 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.

  • September 13, 2022

    IRS Urged To Clarify Tax Rules For Geothermal Heat Pumps

    The Internal Revenue Service should clarify that a certain kind of infrastructure for geothermal heat pump systems isn't "limited-use property" for tax purposes, a coalition of environmental organizations said in a letter released Tuesday.

  • September 13, 2022

    MVP: Morrison Foerster's Greg Smith

    Gregory Smith of Morrison Foerster LLP's agency finance group has guided clients in financing deals such as an $85 million transaction for an innovative clean energy project in Brazil and a $25 million solar energy project in India, earning him a spot among Law360's 2022 Project Finance MVPs.

  • September 12, 2022

    Navy Solicits Developers' Pitches For 70.5 Acres In San Diego

    The U.S. Navy will ask developers for their ideas on what to do with a 70.5-acre property in the heart of San Diego, after its first attempt to replace the World War II-era buildings on the site ran into strong criticism.

  • September 12, 2022

    The Real Estate Team That's Tending American Land

    At nearly 40 years old, The Conservation Fund prides itself as "America's leader" in land preservation and deploying market-based solutions to shield naturally, historically and culturally significant land from private development. Here, president and chief executive Larry Selzer discusses the organization's transactional work, unique legal and financial arrangements, and expansion into the sustainable forestry and agriculture spaces.

  • September 12, 2022

    Shumaker Taps 2 Fla. Attys To Lead New Public Sector Group

    Shumaker Loop & Kendrick LLP has formally created a public sector practice and chosen two of its own in Florida to lead it as a response to the growth and development of the Tampa Bay and Sarasota regions.

  • September 12, 2022

    Corp. AMT Could Drive Demand For Clean Energy Tax Credits

    Democrats' recently passed tax and climate law will allow developers to sell their clean energy credits to third parties, and demand for the credits could be generated by a different part of the law: the alternative minimum tax for corporations.

  • September 09, 2022

    Law Firm's Policy Doesn't Cover Malpractice Suit, Judge Says

    A Manhattan law firm and its former partner don't have insurance coverage for malpractice claims stemming from a $12 million real estate sale, a New York federal judge ruled, finding that a policy exclusion applied because the attorney was acting on behalf of another company while he represented the seller.

  • September 09, 2022

    12K Acres Of Fla. Pasture, Timber Fetch $36M

    A large tract of land near Gainesville, Florida, that is home to cattle and timber sold for $36 million, according to a statement released this week.

  • September 09, 2022

    Easement Invalid If Donor Owns Minable Surface, IRS Rules

    A conservation easement is not valid if the donor owns the surface estate and a connected mineral interest and can mine the area, the Internal Revenue Service's Office of Chief Counsel said in memorandum released Friday.

  • September 08, 2022

    Enviros To Sue FWS To Save Fla. Beetle From $100M Project

    Three conservation groups will sue the U.S. Fish and Wildlife Service for violating the Endangered Species Act by not protecting the Miami tiger beetle from a planned $100 million real estate development, according to an announcement from the Center for Biological Diversity on Thursday.

  • September 08, 2022

    Line 5 Pipeline Can Stay Open For Now, Despite Tribe's Wins

    A Wisconsin federal judge has handed quick wins to a Chippewa tribe on several claims in its challenge to Enbridge Energy Co.'s Line 5 pipeline, but declined to immediately shut down the pipeline because of what the judge called the "significant public and foreign policy implications" of such a move.

  • September 08, 2022

    Ex-Atlanta Exec Jailed 14 Years In $17M Bribery Scheme

    A former city of Atlanta executive was sentenced in a Georgia federal court on Thursday to 14 years in prison and ordered to pay restitution of $2.9 million for her part in a $17 million public works cash-for-contracts scheme.

  • September 08, 2022

    11th Circ. Didn't OK Easement Valuation In $3B Suit, US Says

    The U.S. government pushed back Thursday against a company's arguments that the Eleventh Circuit approved of methods to value conservation easements challenged in a $3 billion case, telling a Georgia federal court that the company mischaracterized the appeals court's ruling.

  • September 08, 2022

    Florida Wants In On Tribe's EPA Water Power Challenge

    Florida on Wednesday said the Miccosukee Tribe of Indians cannot support their claims that the U.S. Environmental Protection Agency "disregarded and diminished" their sovereignty in giving the state authority to administer an important Clean Water Act permitting program.

Expert Analysis

  • Fighting Legal Challenges To Renewable Projects With NEPA

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    Recent lawsuits in federal court challenging offshore wind energy development highlight how the National Environmental Policy Act — a statute of choice for ambitious energy projects — offers renewable energy developers an opportunity to create informed and defensible agency action that can fend off objections from project opponents, says Andrew Glenn at Husch Blackwell.

  • Carbon Cost Injunction Signals Hurdles For Biden Plans

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    A Louisiana federal court's unusually expansive injunction preventing the Biden administration from using its social cost of carbon estimates in future regulatory guidance may be a sign that the president's environmental agenda will face more aggressive court challenges going forward, say attorneys at WilmerHale.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • How US Trade Obligations Apply To Biden's Infrastructure Law

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    The Infrastructure Investment and Jobs Act could require some state agencies that receive federal funding for infrastructure to consider for the first time whether U.S. international treaty obligations prevent the application of Buy America preferences for certain government purchases, subjecting them to new liability risks, say attorneys at Akin Gump.

  • NY, NJ Lease Auctions Highlight US Push For Offshore Wind

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    The Bureau of Ocean Energy Management's upcoming auction of new lease areas for wind farms off the coasts of New York and New Jersey demonstrate the Biden administration's desire to foster the U.S. offshore wind industry — and interested parties should track the agency's plans for other coastal areas, says attorneys at K&L Gates.

  • Infrastructure Law Is Not All Good News For Construction Cos.

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    The recently enacted Infrastructure Investment and Jobs Act will help strengthen the construction industry and create jobs, but heightened material costs, conflicts between state and federal law, and environmental concerns must be considered by entities wishing to take advantage of the increased development, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • High Court's Return To Wetlands Debate May Bring Clarity

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    The U.S. Supreme Court's recent decision to revisit the reach of the Clean Water Act, in its forthcoming consideration of Sackett v. U.S. Environmental Protection Agency, may help lift the clouds of uncertainty that have plagued jurisdictional wetlands determinations for decades, says Bryan Moore at Balch & Bingham.

  • Electricity Market Competition Helps Consumers And Climate

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    Lawmakers looking to combat climate change and increase consumer choice should encourage and expand competitive electricity supply markets, to free customers from inefficient and often corrupt vertically integrated monopoly utilities, says Todd Snitchler at the Electric Power Supply Association.

  • What Infrastructure Act Means For Transmission Line Projects

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    The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

  • DOI's Vision For Offshore Wind: Obstacles And Opportunities

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    The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

  • Biden's Infrastructure Funding Comes With Strings Attached

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    ​The bipartisan infrastructure funding bill enacted last November ​creates new jobs and business opportunities, but ​its ​changes to domestic preferences and Made in America enforcement also give rise to new compliance hazards for unwary manufacturers and government contractors, say Jeffrey Belkin and Grecia Rivas at Alston & Bird.

  • NIMBYism Is Endangering America's Clean Energy Future

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    The U.S. has made remarkable strides in recent years toward a cleaner, more sustainable energy future — but further progress is threatened by a not-in-my-backyard cancel culture that seeks to thwart every type of major energy development, says Albert Wynn at Greenberg Traurig.

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