More Real Estate Coverage

  • August 24, 2022

    Tribe Not Required To Allow More Trains In BNSF Clash

    The Swinomish Indian Tribal Community was not obligated to let BNSF Railway Co. breach an easement agreement that limited how many trains could cross tribal land, a Washington federal judge has ruled, rejecting the railroad's argument that the tribe's opposition to additional trains was arbitrary.

  • August 24, 2022

    Port Of Savannah Growth Delivers Real Estate Boom

    Despite widespread fears about the economy and reports of industrial real estate reaching a saturation point, the Savannah, Georgia, metro area looks primed to buck those trends on the strength of port expansion projects and migration to the state by workers and other businesses.

  • August 23, 2022

    Tribe Says Permit For Texas Oil Terminal Needs More Review

    A Native American tribe and other groups near the Corpus Christi Ship Channel urged a Texas federal judge on Monday to revoke the U.S. Army Corps of Engineers' permit approval for the project, saying the agency has failed to adequately defend its decision.

  • August 23, 2022

    NY Keeping NJ 'Hostage' In Port Policing Pact, Justices Told

    New Jersey has urged the U.S. Supreme Court to let it unilaterally leave a bistate commission policing the historically mob-plagued shipping port it shares with New York, arguing the Empire State's stance on the issue would allow it to keep the Garden State "hostage to a compact forever."

  • August 23, 2022

    Investors Get Certified In Suit Over $3B Pa. Pipeline Project

    A Pennsylvania federal judge certified a group of investors Tuesday who accuse Energy Transfer LP of misleading them about its $3 billion Mariner East 2 and Revolution pipeline projects, appointing Bernstein Litowitz Berger & Grossmann LLP and Barrack Rodos & Bacine as co-lead class counsel.

  • August 23, 2022

    Webuild Says $54M Arb. Enforcement Suit Filed In Time

    Multinational infrastructure firm Webuild has urged a D.C. federal court to uphold its $54 million lawsuit against Argentina, which seeks to confirm a decade-old arbitral award, arguing that District of Columbia law gives debtors 12 years to enforce a monetary judgment.

  • August 23, 2022

    Army Corps Reaches Deal To Restore Ga. Mine Water Findings

    The Army Corps of Engineers has agreed to reinstate Clean Water Act determinations for a Georgia mining project to resolve a lawsuit alleging the decisions were unlawfully rescinded based on political opposition to the mine.

  • August 23, 2022

    Border Wall Fraud Suspect Wants Prosecutor Out Of 2nd Trial

    A Colorado man accused of looting a $25 million fund to build a wall between the U.S. and Mexico wants a Manhattan federal prosecutor booted from his retrial, saying the government engaged in "devious manipulation" of evidence during the first trial that ended with a deadlocked jury in June.

  • August 23, 2022

    Akerman Adds BCLP Partner To Chicago Data Center Practice

    Akerman LLP added a third partner from Bryan Cave Leighton Paisner LLP as it continues building its new data centers and digital infrastructure practice group, the firm announced Monday.

  • August 23, 2022

    These Firms Have The Most Women In Equity Partnerships

    Law firms still have a long way to go when it comes to closing the gender gap, particularly at the top. But at these firms, women have made inroads into the upper ranks, and are smashing the glass ceiling that has long kept women from making it into leadership roles.

  • August 22, 2022

    9th Circ. Won't Revisit Ruling Against Ariz. Copper Mine

    The full Ninth Circuit has rejected Rosemont Copper Co.'s bid for a rehearing after the Hudbay Minerals Inc. subsidiary asked the appellate court to reconsider a decision nixing the company's plans for a proposed copper mine waste site in Arizona.

  • August 22, 2022

    11th Circ. Affirms Easement Overstatement Penalty

    A partnership owes a penalty for overstating the value of a conservation easement on which it claimed a $17.5 million deduction, the Eleventh Circuit said Monday, finding the U.S. Tax Court properly cut the valuation by nearly half.

  • August 22, 2022

    DC Circ. Backs FERC In Fight Over Grid Tariff Change

    The D.C. Circuit backed the Federal Energy Regulatory Commission's approval of a regional grid operator's tariff shift governing certain grid projects, rejecting challenges from an independent transmission developer and industrial electricity consumers.

  • August 22, 2022

    FERC Accused Of Ignoring NYC Gas Project's Climate Effects

    The Federal Energy Regulatory Commission has approved a Kinder Morgan Inc. unit's project to boost natural gas supplies to New York City's power provider without properly considering greenhouse gas emissions, an environmental watchdog alleged in a lawsuit filed in the D.C. Circuit.

  • August 22, 2022

    A Deep Dive Into The Glass Ceiling Report: Women In Law

    Law firms are working to improve diversity, equity and inclusion in their ranks. But Law360 Pulse's Glass Ceiling Report: Women in Law shows only modest growth in the number of female lawyers in private practice in the U.S.

  • August 19, 2022

    Air Force Chemical Cleanup Dispute Sent To NM State Court

    A New Mexico federal judge has tossed a case alleging the state exceeded its authority by requiring the cleanup of so-called forever chemicals at a U.S. Air Force base, saying the dispute belongs in state court.

  • August 19, 2022

    NY Extends Real Property Tax Exemption Task Force's Powers

    New York extended the effectiveness of its real property tax exemption task force by two years under a bill signed by Democratic Gov. Kathy Hochul.

  • August 19, 2022

    New Climate Law Expands Ways To Monetize Energy Credits

    Clean energy projects' access to existing and new energy tax credits is expected to go beyond the traditional tax equity financing with new ways to monetize the refunds under a sweeping new law that aims to tackle climate change.

  • August 19, 2022

    3rd Circ. Favors TripAdvisor In Seized Cuban Property Suit

    The Third Circuit has affirmed a lower court's dismissal of a Texas man's suit against online travel agents such as TripAdvisor and credit card companies, which he claimed illegally profited from family-owned land confiscated decades ago by the Cuban government.

  • August 19, 2022

    Feds Shirked Climate Review Of Rail Project, DC Circ. Told

    Federal regulators failed to review climate change and other environmental impacts of approving a $1.5 billion rail line that would connect Utah and Colorado oil and gas resources to the national rail network, a Colorado county and several environmental groups told the D.C. Circuit Thursday.

  • August 19, 2022

    FERC's Cost Determination Order Overstepped, 5th Circ. Says

    A Fifth Circuit panel said the Federal Energy Regulatory Commission overstepped its authority when it directed an administrative law judge to determine a reasonable cost for remediation activities at an Oklahoma farm affected by a natural gas pipeline that crossed the property.

  • August 19, 2022

    Windstream's Ex-GC, Uniti Defeat Spinoff Fraud Suit Appeal

    The Third Circuit has upheld the dismissal of a securities fraud suit accusing telecom company Windstream's former general counsel and its spinoff, Uniti Holdings Inc., of making misleading and fraudulent statements to encourage investment in the spinoff, reasoning that the plaintiff has not demonstrated that the defendants made actionable omissions or misrepresentations under Alabama law, which governs in the case.

  • August 19, 2022

    Judge Permanently Blocks Biden Oil And Gas Lease 'Pause'

    A day after the Fifth Circuit vacated his preliminary injunction blocking the Biden administration's pause of new oil and gas leases, a Louisiana federal judge Thursday permanently enjoined the administration's policy to stop leasing.

  • August 19, 2022

    Enviros' Challenge To Corps Pipeline Permit Sent To DC Court

    A Montana federal judge has transferred a challenge to a Clean Water Act permit issued by the U.S. Army Corps of Engineers covering oil and gas pipelines and other projects to D.C. federal court, saying there is no indication in the record that the permit will negatively affect plaintiffs in Montana.

  • August 17, 2022

    11th Circ. Upholds Denial Of $180M Easement Deduction

    The Eleventh Circuit on Wednesday affirmed the dismissal of a Mississippi land company's lawsuit challenging the Internal Revenue Service's denial of the company's $180 million easement deduction.

Expert Analysis

  • 3 Key Environmental Takeaways From Biden's First 30 Days

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    President Joe Biden has heavily prioritized environmental policy during his first month in office, with three key themes emerging that will immediately change enforcement practices and affect regulated industries, say attorneys at Gibson Dunn.

  • The State Of Asylum Law After Trump — And What's Next

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    Kevin Gregg at Kurzban Kurzban discusses the impact of asylum decisions issued during the Trump administration's final year, the uncertainty underlying President Joe Biden’s tranche of immigration-related executive orders and reasons for cautious optimism within the immigration community.

  • What Energy Sector Should Expect From Biden's Tax Policies

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    The energy sector may find new investment opportunities or the need to adjust holdings, depending on whether company goals align with the Biden administration's potential rollback of Trump-era tax reforms, and push for clean energy, reduced carbon emissions and increased domestic manufacturing, says Gregory Matlock at Mayer Brown.

  • Unresolved Issues In Calexico Inverse Condemnation Ruling

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    A California federal court's recent decision in Calexico Auto Dismantlers v. City of Calexico, dismissing a business's inverse condemnation suit as untimely, does not properly address questions surrounding eminent domain notice and the statute of limitations, say Debra Garfinkle and Brad Kuhn at Nossaman.

  • As Superfund Turns 40, Courts Are Still Puzzling Over It

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    The Comprehensive Environmental Response, Compensation and Liability Act just turned 40, but a review of several Superfund cases from 2020 demonstrates that courts are still regularly confronted with novel questions and issues related to the law, says Peter Keays at Hangley Aronchick.

  • How To Reliably Value Income-Producing Real Estate

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    Amid the pandemic-fueled surge in tax appeals and loan workouts, using the income approach to calculate the present worth of a property's future income provides the most reliable indication of value and does not rely on subjective adjustments, say Mark Dunec at FTI Consulting and Anthony DellaPelle at McKirdy Riskin.

  • IRS Continuity Safe Harbor Will Aid Renewable Projects

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    Recent Internal Revenue Service guidance expanding the continuity safe harbor to protect tax credit eligibility for qualified offshore and federal land renewable energy projects will provide certainty for developers who often face significant construction and permitting delays, say attorneys at Mayer Brown.

  • Buyers May Be Wary Of Climate-Driven PG&E Asset Sale

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    PG&E's plan to sell its Pleasant Creek natural gas storage field will allow the utility to avoid decommissioning and remediation costs, and it aligns with regulators' desire to see the company move in a climate-friendly direction — but buyers may be leery of such assets for the same reasons, say Vidhya Prabhakaran and Patrick Ferguson at Davis Wright.

  • NY Tax Talk: 2020 In The Rearview

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    Craig Reilly at Hodgson Russ highlights New York City's and state's notable tax updates from the last year — many of them related to budget shortfalls due to COVID-19 — and wishes good riddance to 2020.

  • Alaska Enviro Suit Shows Gov't Is A Tough Tort Defendant

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    The Ninth Circuit's recent decision in Nanouk v. U.S. concerning environmental contamination near an Alaska military installation highlights the fact that discretionary government action that yields an unfortunate result does not necessarily give rise to a tort claim, says Brandon Matsnev at Manko Gold.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • FERC Nod To Energy Storage As Transmission Has Caveats

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    While the Federal Energy Regulatory Commission recently approved the Midcontinent Independent System Operator plan to treat some electric storage facilities as transmission-only assets eligible for full cost-of-service rates, entities seeking similar approval will need to develop workable rules governing use of storage resources, say Mark Perlis and Bud Earley at Covington.

  • EB-5 Ruling Shows Viability Of SEC Disgorgement Challenges

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    In the first appellate decision applying the U.S. Supreme Court’s Liu decision, the Ninth Circuit recently reversed a large disgorgement award over an EB-5 visa scam in U.S. Securities and Exchange Commission v. Yang, demonstrating several ways companies and individuals facing investigations may be able to challenge SEC penalties, say attorneys at Cadwalader.

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