More Real Estate Coverage

  • September 08, 2022

    Cherokee Opioids Suit Can't Go To Okla. Court, 10th Circ. Told

    Three national pharmacy chains want the Tenth Circuit to keep in federal court a lawsuit brought by the Cherokee Nation, which accuses the chains of exacerbating opioid addiction on its reservation, claiming the Oklahoma tribe seeks to "rewrite federal law" by returning the case to state court.

  • September 08, 2022

    Gorsuch Denies Sunoco's Bid To Stall $155M Judgment

    U.S. Supreme Court Justice Neil Gorsuch denied Sunoco's emergency bid to stall the payout of a $155 million judgment against the company to well royalty owners, ignoring pleas that the Tenth Circuit has put the gas giant in an "impossible" position by refusing to hear its appeal.

  • September 08, 2022

    NY Town Will Allow Antennas It Previously Denied

    A Long Island town has reached a settlement agreement with Crown Castle allowing the telecommunications company to build its planned wireless antennas, putting an end to roughly five years of legal fighting between the parties.

  • September 08, 2022

    Bannon Indicted In NY As 'Architect' Of Border Wall Fraud

    New York prosecutors charged former Trump administration strategist Stephen Bannon with money laundering and conspiracy Thursday in connection with fundraising to build a wall on the southern U.S. border.

  • September 07, 2022

    GE Banned From Selling Wind Turbines Infringing Siemens' IP

    A Massachusetts federal judge issued a permanent injunction on Wednesday barring General Electric Co. from selling Haliade-X wind turbines that a jury found infringed a Siemens' patent, but allowed the company to produce turbines that have already been ordered to complete state-sponsored wind projects in New Jersey and Massachusetts.

  • September 07, 2022

    Groups Say FERC Shouldn't Give More Time To Gas Projects

    The Sierra Club on Tuesday launched D.C. Circuit challenges to construction extensions given to a pair of gas infrastructure projects by the Federal Energy Regulatory Commission.

  • September 07, 2022

    O'Melveny Grows Energy Bench In DC With DLA Piper Atty

    A DLA Piper energy regulatory attorney has moved to O'Melveny & Myers LLP's project development and real estate practice group, as well as its energy industry group, the firm announced Wednesday.

  • September 06, 2022

    2nd Circ. Upholds EPA Approval Of Long Island Dumping Site

    The Second Circuit has affirmed a New York federal judge's finding that the U.S. Environmental Protection Agency was within its rights to designate an area of eastern Long Island Sound as a dumping ground for dredged materials in a long-term plan for the region.

  • September 02, 2022

    Rhode Island Wants Out Of Narragansett Tribe's Highway Suit

    Rhode Island urged a D.C. federal judge on Friday to let it leave the Narragansett Indian Tribe's suit seeking $30 million in damages for the destruction of cultural sites during the building of a highway bridge, saying the tribe's real beef is with the federal government.

  • September 02, 2022

    Split 8th Circ. Upholds Coal Plant Air Pollution Permit

    A divided Eighth Circuit has upheld the U.S. Environmental Protection Agency's approval of an air pollution permit for a North Dakota coal-fired power plant, but the dissenting judge said the agency ignored the main argument raised by landowners challenging the permit.

  • September 02, 2022

    3rd Circ. Preview: J&J Unit, Pipeline Fights On Sept. Docket

    As the Third Circuit heads back to school this month, panels will be studying cancer patients' attempts to dismiss a J&J talc liability unit's bankruptcy as a bad-faith maneuver and fights by an order of nuns and a utility infrastructure company over natural gas pipelines.

  • September 02, 2022

    Cherokee Continue Push For Expanded Audit Of Tribal Trust

    Newly uncovered evidence makes clear that a 1996 audit of federally held Native American trust assets was meant only as a preliminary review, the Cherokee Nation told a D.C. court, arguing that the government must conduct an expanded audit of its holdings to satisfy federal law.

  • September 02, 2022

    FERC Urged To Smash State Grid Construction Law Barriers

    The Fifth Circuit's recent ruling that a Texas law limiting new transmission projects to incumbent developers is unconstitutional bolsters the case for the Federal Energy Regulatory Commission to override other state right of refusal laws, an independent transmission developer told the agency.

  • September 01, 2022

    Ex-Cuomo Aide Tells Justices Corruption Verdict 'Blurred' Law

    An aide to former New York Gov. Andrew Cuomo convicted in an alleged bid-rigging scheme urged the U.S. Supreme Court to toss corruption charges related to his conduct after he resigned, saying the government's theory that influential private citizens owe a fiduciary duty to the public is vague and leaves them "at the mercy of headline-hungry prosecutors."

  • September 01, 2022

    Taylor English Promotes Atlanta RE Atty Pair To Partner

    The Atlanta-headquartered Taylor English Duma LLP has elevated two of its real estate attorneys in the city to the firm's partnership ranks.

  • September 01, 2022

    6 Texas Cases To Watch This Fall

    Texas federal courts will review blockbuster free speech cases tackling the state's social media and government contracting laws this fall, while state courts take on weighty energy royalty and settlement credit questions.

  • August 31, 2022

    Circuit Split Clouds Grid Project Construction Fights

    The Fifth Circuit says a Texas law giving incumbent transmission companies the first chance to build new power lines is unconstitutional, throwing into question similar policies in other states that have emerged as flashpoints in fights over grid expansion.

  • August 31, 2022

    Canada's Treaty Move Doesn't Impact Line 5 Suit, Tribe Says

    The Bad River Band has told a Wisconsin federal judge that Canada's recent start of treaty negotiations with the U.S. to try to maintain Enbridge Energy Co.'s Line 5 pipeline "changes nothing" about the tribe's suit to block it.

  • August 31, 2022

    5th Circ. Hears Groups' Challenge To Texas LNG Project

    A Fifth Circuit panel questioned Wednesday whether they should consider the worst-case scenario environmental impacts of a proposed multibillion-dollar liquefied natural gas export terminal and pipeline project in south Texas as the court reviews a challenged permit.

  • August 31, 2022

    Marine Construction Co. Liable For Barge Damage, Not Insurer

    A marine construction company owes roughly $262,000 to two different entities under a chartering agreement after it damaged an oil and construction barge, a Louisiana federal judge ruled following a bench trial, clearing the company's surety insurer of any liability.

  • August 31, 2022

    Tax Pros Hope Energy Tax Payments Can Avoid Past Flaws

    Democrats' recently passed tax and climate law provides new ways for clean energy project owners to monetize new or expanded tax credits, and practitioners hope the methods can avoid the pitfalls of an expired renewable energy grant program.

  • August 31, 2022

    Sugar Co. Can't Tie $291M Cuban Port Case To Florida

    A magistrate judge has found a Florida federal court isn't the place to settle a sugar company's claim that a Chinese company owes it $291 million for using a Cuban port it once owned to transport equipment for a major wind turbine project.

  • August 31, 2022

    Texas Sets Transportation Priorities In $85B, 10-Year Plan

    Texas has finalized and adopted an $85 billion roadway construction plan detailing ongoing and future projects intended to improve road safety, mitigate congestion, connect rural communities and maintain existing roadways, Gov. Greg Abbott has announced.

  • August 30, 2022

    BIA Tells 8th Circ. Washout Death Suit Rightly Dismissed

    The Bureau of Indian Affairs urged the Eighth Circuit to uphold the dismissal of wrongful death and injury claims resulting from a washed-out road on the Standing Rock Sioux Tribe's reservation, saying an exception to federal tort liability shielded the tribe's decision not to post warning signs.

  • August 30, 2022

    Sunoco Asks Justices To Stall $155M Payout To Well Owners

    Sunoco has filed an emergency request with the U.S. Supreme Court to put brakes on attempts to pay out a $155 million judgment to oil well owners over late royalty payments, claiming the Tenth Circuit has put it in an "impossible position" by disregarding basic jurisdictional rules.

Expert Analysis

  • Science-Based Definition Of US Waters Won't Pass In Court

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    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers recently proposed a science-backed definition of "waters of the United States" for the Clean Water Act, but the U.S. Supreme Court is unlikely to be persuaded that science trumps a constitutional or statutory limit on the EPA's and the Corps' authority, says Jeffrey Porter at Mintz Levin.

  • What Justices' Groundwater Ruling Means For State Disputes

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    The U.S. Supreme Court's recent decision in Mississippi v. Tennessee aids future negotiations over interstate groundwater resources, both by explicitly informing states what the default rule is, and by implicitly giving states authority to trade off water rights across a broader spectrum of water resources, says Robin Craig at USC Gould School of Law.

  • BGC-Cantor Suit Highlights Independent Directorship Issue

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    The Delaware Chancery Court recently sent breach of fiduciary duties claims to trial in the disputed merger between BGC and a unit of Cantor Fitzgerald, highlighting both the legal benefits of seeking out directors that meet the court's criteria of independence from the controller, and the significant, negative impacts when they are not, say attorneys at Fried Frank.

  • How Dealmakers Can Bridge M&A Differences In US, Europe

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    As business continues to heat up globally, differing practices and norms in mergers and acquisitions can lead to misunderstandings between U.S. and European dealmakers, but a comparison of documentation structures and processes can help avert these complications, say Piotr Korzynski and Piotr Jaskiewicz at Baker McKenzie.

  • Feds May Need Power To Take State Lands For New Grid

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    The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • Biden Climate Push Means Fossil Fuel Cos. Must Innovate

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    The Biden administration's strong focus on climate change puts unprecedented pressure on oil, gas and coal companies to strategically embrace new clean and low-emission technologies, predict and minimize environmental impacts, and prioritize innovation in order to sustain long-term viability, say attorneys at Akin Gump.

  • How Environmental Litigation Can Block Renewable Projects

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    While renewable energy projects can reduce greenhouse gas emissions, they are not immune from environmental challenges filed by citizens groups, conservation organizations and even competitors — so project developers must plan their environmental and permitting reviews carefully, say Jonathan Brightbill and Madalyn Brown at Winston & Strawn.

  • Gulf Coast Offshore Wind: Opportunities And Challenges

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    A recent announcement from the U.S. Department of the Interior signals opportunities for clean energy developers on the Gulf of Mexico outer continental shelf, but offshore wind projects in the region will still face many environmental and technical hurdles, say attorneys at Shearman.

  • Court Challenges, New Regs May Slow Infrastructure Plans

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    The U.S. Senate's passage of the bipartisan infrastructure bill heralds possible opportunities for companies in construction, finance and related sectors — but pending litigation and anticipated revisions to National Environmental Policy Act regulations might further complicate the already convoluted federal approval process for individual projects, say Carla Consoli and James Voyles at Lewis Roca.

  • Clear Documentation Helps Avoid Power Project Disputes

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    Claim trends show that a major driver of international arbitration disputes over the building and commissioning of power generation projects is lack of clarity around the scope of work to be performed by different parties — so defining and documenting all participants' responsibilities from the start can help head off conflicts, say engineers at Exponent.

  • Beyond Maui: Groundwater Guidance Still Needed

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    A Hawaii federal court recently became the first to apply the U.S. Supreme Court's decision in County of Maui v. Hawaii Wildlife Fund to rule on whether a permit was required for discharges from groundwater to waters of the United States, but more clarity from policymakers on this issue is still needed, say Kenneth Reich and Stephen Reich at Kenneth Reich Law.

  • Justices' Pipeline Ruling Is A Close Call For Gas Industry

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    While a recent Law360 guest article opined that the U.S. Supreme Court's PennEast Pipeline v. New Jersey decision will likely have little impact, the ruling's one-vote margin shows that the U.S. natural gas pipeline system may be more vulnerable than previously thought, says Laura Olive at NERA Economic Consulting.

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