More Real Estate Coverage

  • August 30, 2022

    Title Co. Sues For Coverage Of Guam Real Estate Dispute

    A title company's insurer is wrongfully refusing to defend it in an underlying action alleging it took part in an unauthorized real estate sale worth $2.5 million, the company said in a suit removed to Guam federal court, arguing that its policy covered such claims of professional negligence.

  • August 30, 2022

    Maine Justices Nix Voters' Block Of $1B Power Line

    Maine's top court on Tuesday said a 2021 voter referendum's blockage of construction of a $1 billion transmission line that would ship Canadian hydropower to New England was unconstitutional, handing a lifeline to the controversial project.

  • August 29, 2022

    Oil Co. Claims BIA Transferred Drilling Rights To Competitors

    An oil and gas developer is asking a North Dakota federal court to reverse the Bureau of Indian Affairs' transfer of drilling rights on the Fort Berthold Reservation to a pair of competitors, claiming that because of failed attempts to resolve the dispute at the BIA, suing all three entities became necessary.

  • August 29, 2022

    Calif. Solar Plant Owner Ends $59M Incentives Fight

    A California solar farm on Friday ended a legal challenge to being denied $59 million worth of denied green energy cash grants, two weeks after the plant's owners and federal government told the U.S. Court of Federal Claims that they had hammered out a settlement.

  • August 29, 2022

    Tribal Group Asks 9th Circ. To Speed Ariz. Mine Review

    A nonprofit organization representing the San Carlos Apache tribe asked the Ninth Circuit on Friday to speed up its reconsideration of a decision earlier this year that upheld plans for a massive copper mine in Arizona, saying a delay could allow the developer to raze a sacred Apache site on that land.

  • August 29, 2022

    Tax Court Denies IRS Early Win In $15M Easement Fight

    An Eleventh Circuit decision invalidating a conservation easement regulation bars an effort by the Internal Revenue Service to prevail in a partnership's challenge to the agency's denial of an over $15 million deduction, the U.S. Tax Court said Monday.

  • August 29, 2022

    Okla. Wants Regulatory Control Over Mining On Native Land

    Oklahoma continues to push for authority to regulate coal extraction and other so-called surface mining on Native American land, while accusing federal officials of overstepping their jurisdiction — and violating federalist principles — in seeking full control over those activities.

  • August 29, 2022

    4 States Want In On Oil & Gas Leasing Fight

    Four states asked a D.C. federal judge to let them join litigation seeking to invalidate oil and gas lease sales for plots within their borders, arguing that crucial state revenues and their authority to regulate drilling are at stake.

  • August 29, 2022

    Biden's Enviro Justice Push Dips Into Uncharted Waters

    President Joe Biden's administration is using its authority more broadly and aggressively than previous administrations to protect communities that suffer from environmental justice issues, with federal agencies creating new gray areas that are unsettling clients and local regulators.

  • August 29, 2022

    Wash. Builder Sues Insurer In Sewer Project Dispute

    Construction company Flatiron West Inc. has filed a $6 million breach of contract suit in Washington federal court accusing insurance company Assicurazioni Generali SPA of refusing to pay substantial amounts of a claim related to sewage pumps that were damaged during a 2020 King County wastewater treatment project.

  • August 29, 2022

    Atty Says Insurer Can't Dodge Covering His Self-Dealing Suit

    An insurer cannot duck coverage of an attorney entangled in a business dispute with his nephew by relying on a business enterprise exclusion, the attorney told an Illinois federal court, arguing that he seeks coverage in his individual capacity and not as part of a company.

  • August 29, 2022

    Gordon & Rees Expands Environmental Practice In Philly

    An environmental and toxic torts attorney with over 35 years of experience has left his own venture that first opened in the 1980s, to join Gordon & Rees Scully Mansukhani LLP, the firm recently announced.

  • August 26, 2022

    Dallas Launches Nonprofit To Develop City Property

    Dallas has launched a nonprofit board that will use public dollars to develop city-owned property and spur economic growth.

  • August 26, 2022

    Utah Locals Say Monuments Threaten Their Businesses

    A nonprofit group, rancher, miner and Ute Mountain Ute Tribe member have followed up Utah's bid to block President Joe Biden's monument designations in the state with a suit of their own, claiming the monument designations pose the risk of "destroying their livelihoods" if allowed to stand.

  • August 26, 2022

    Groups Say Coal Ash Rule Pitfalls Hurts Low-Income People

    The Sierra Club and others sued the U.S. Environmental Protection Agency, saying its failure to regulate inactive landfills containing ash created by coal-fired power plants is putting low-income communities at serious risk of skin and liver cancer and contaminating groundwater.

  • August 26, 2022

    EPA Proposes Treating 2 PFAS Chemicals As Hazardous

    The U.S. Environmental Protection Agency on Friday proposed to treat two widely used PFAS chemicals as hazardous substances, which could open the industry up to Superfund liability for releases and cleanups.

  • August 25, 2022

    Alaska Petrol Drilling Project Risks Climate Harm, Enviros Say

    Three environmental groups are fighting to stop the Peregrine exploratory drilling program in Alaska's Western Arctic, saying the Biden administration isn't thinking about the long-term consequences it could have on the climate, according to a lawsuit lodged Thursday in Alaska federal court.

  • August 25, 2022

    Steinmetz Won't Give Up Guinea Mining Claim Yet

    Beny Steinmetz's companies will try to revive their claim seeking billions of euros after Guinea canceled a project to mine some of the world's most valuable iron ore deposits, signaling that the Israeli billionaire has not given up his fight with the West African nation just yet.

  • August 25, 2022

    Fla. Tax Attorney Admits To $700K Conservation Scam

    A Florida tax attorney pled guilty to filing a false tax return in a scheme whereby, the plea agreement said, he took $700,000 in commissions for marketing stakes in conservation land to his clients, who then claimed trumped-up income deductions.

  • August 25, 2022

    Utah Sees 'Abuse' In Biden's Restoration Of Monuments' Land

    Utah and two of its counties are hitting President Joe Biden with a suit in federal court claiming he far overstepped his limited authority under federal law when he restored the size of the Bears Ears and Grand Staircase-Escalante national monuments last year.

  • August 25, 2022

    Former FERC Attorney Joins BCLP's Energy Practice

    Bryan Cave Leighton Paisner LLP has added a former Federal Energy Regulatory Commission enforcement attorney and utility company in-house counsel to its global energy, environment and infrastructure practice, the firm announced Thursday.

  • August 24, 2022

    Smoking Ban Suit A No-Go In Tribal Court, 8th Circ. Told

    An oil and gas company has asked the Eighth Circuit to reject a bid by the Three Affiliated Tribes to overturn a ruling that their courts can't hear a suit claiming the company's employees violated a contractual smoking ban on the tribe's reservation, saying the company isn't under the tribal court's jurisdiction.

  • August 24, 2022

    'Park' Status Upends Guilty Plea In Chicago Bribery Case

    A dispute over whether a Chicago park was actually a park unexpectedly derailed an anticipated guilty plea Wednesday from a political operative accused of bribing public officials to help steer a $1 billion schools contract and rename the park. 

  • August 24, 2022

    Mineral Cos. Say Feds' Solution For Losses At Wall Too Costly

    Mineral companies alleging the border wall interfered with their mining activities have hit back at the Biden administration's argument that they can still mine by changing drilling techniques, telling the U.S. Court of Federal Claims that doing so is too expensive and complicated.

  • August 24, 2022

    Pa. Bill Seeks To End School District Property Taxes

    Pennsylvania would amend its constitution to provide for the elimination of school district property taxes under a bill introduced in the House of Representatives.

Expert Analysis

  • Worse Can Be Better For Nonjudicial CERCLA Allocation

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    With the U.S. Supreme Court's recent Guam v. U.S. decision potentially reviving some previously time-barred claims under the Comprehensive Environmental Response, Compensation and Liability Act, parties seeking nonjudicial Superfund settlements should consider that a quicker, less in-depth allocation process may produce a better result, says William Ford at Lathrop GPM.

  • High Court Ruling Won't Stop States From Thwarting Pipelines

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    While the U.S. Supreme Court recently held that PennEast had the power under the Natural Gas Act to take right-of-way interests in land owned by New Jersey for construction of its pipeline, the decision eliminates only one means by which states can block such development, say ​​​​​​​Yvonne Hennessey and Mark McNamara at Barclay Damon.

  • Voluntary CFIUS Filings May Limit Uncertain Outcomes

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    Attorneys at DLA Piper outline key considerations U.S. businesses should consider when deciding whether to voluntarily notify the Committee on Foreign Investment in the United States of transactions, in order to avoid unexpected governmental review and intervention.

  • How Speedway Deal Might Have Avoided Antitrust Gridlock

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    A close examination of 7-Eleven's Speedway acquisition shows that adding certain language to the deal's closing conditions might have kept it out of prolonged Federal Trade Commission antitrust jeopardy, say attorneys at Cadwalader.

  • Tips For Energy Developers Seeking To Lease Tribal Lands

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    The Biden administration's commitment to renewable energy creates opportunities to lease tribal lands under the Helping Expedite and Advance Responsible Tribal Home Ownership Act, but renewable energy developers should carefully consider sovereign immunity questions and other unique issues associated with tribes, say attorneys at Perkins Coie.

  • Biden Infrastructure Plan Will Be Challenging To Implement

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    President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

  • Water Rule Reinstatement Shows Specific Objections Are Key

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    The Tenth Circuit's recent lifting of an injunction against the federal Navigable Waters Protection Rule in Colorado offers lessons for litigants seeking relief against an agency rule — including the importance of avoiding general allusions of harm that lack specificity or imminence, say attorneys at Gibson Dunn.

  • Oil And Gas Contract Drafting Lessons From Texas Ruling

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    The recent Texas Supreme Court opinion in BlueStone Natural Resources II v. Randle makes it clear that when drafting oil and gas leases, parties should explicitly state contract terms — and avoid creating contradictory terms through amendments or addenda, say Kenneth Held and Brent Hanson at Skadden.

  • The UK Needs Safe Harbors For Libor's Wind-Down

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    A synthetic Libor could come to the aid of tough legacy contracts when Libor ceases to exist later this year, but the U.K. should legislate safe harbors to mitigate transaction risk during the transition, say former Federal Reserve Bank of New York general counsel Thomas Baxter and former London Commercial Court Judge Sir William Blair.

  • CBP's Jones Act Ruling Provides Certainty For Offshore Wind

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    U.S. Customs and Border Protection's recent ruling confirming that the Jones Act applies to wind energy projects on the outer continental shelf provides useful clarity for offshore wind energy developers, operators and other stakeholders planning future operations, say attorneys at Holman Fenwick.

  • Surveying Global Tax Updates For Sovereign Wealth Investors

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    As the market transitions to a post-pandemic phase, sovereign wealth fund and other foreign institutional investors must evaluate how recent U.S., EU and U.K. tax changes may affect their private fund investments, say attorneys at Morgan Lewis.

  • Offshore Wind Push Is Good News For NYC Building Owners

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    With a surge of federal and state support for offshore wind power in New York state, the projects now in development should greatly benefit New York City building owners seeking to comply with the city's Climate Mobilization Act, says Raymond Pomeroy at Stroock.

  • Biden's Climate Agenda Means Oil, Gas Cos. Must Innovate

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    President Joe Biden's climate agenda, including changes to leasing of public lands, tax deductions and other policies, may impose significant hurdles on the oil and gas sector, but companies that take an innovative, multifaceted approach can rise to this challenge, say attorneys at Akin Gump.

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