More Real Estate Coverage

  • August 17, 2022

    Holland & Knight Unveils Mexican Construction Practice

    Global firm Holland & Knight LLP has launched a Mexican construction practice group, necessitated by the United States-Mexico-Canada Agreement and supply chain disruptions that have accelerated companies' relocation of operations to the country.

  • August 17, 2022

    Judge Raises History Of 'Railroaded' Tribes In BNSF Clash

    A Washington federal judge on Wednesday wondered whether tribes' history of being "railroaded" by the railroad industry should factor in the Swinomish Indian Tribal Community's suit accusing BNSF Railway Co. of trespassing by sending unauthorized shipments of crude oil across reservation land in violation of a right-of-way easement.

  • August 17, 2022

    Construction Co. Owes $1.6M Over Unfinished SC Courthouse

    A federal judge in North Carolina has ordered a subcontractor accused of abandoning a drywall installation project at a newly constructed federal courthouse in South Carolina to pay $1.6 million after the company failed to respond to a breach of contract lawsuit.

  • August 17, 2022

    Ute Courts Must Rule On Banishment Law, Tribe Says

    The Ute Indian Tribe maintains that only its own courts are authorized to review a tribal law at the heart of federal proceedings over its temporary banishment of four members, saying the Supreme Court and the Tenth Circuit have repeatedly left such matters to Native jurists.

  • August 16, 2022

    9th Circ. May Rethink Go-Ahead For Ariz. Copper Mine

    The Ninth Circuit may be poised to revisit a ruling from earlier this summer that upheld plans to tap nearly 2 trillion tons of copper ore on federal land in Arizona after one of its judges asked the full appeals court to reconsider whether the project would violate a local Apache group's religious liberty.

  • August 16, 2022

    Ga. Arbitration Society Wants 11th Circ. To Uphold Precedent

    The Atlanta International Arbitration Society wants the Eleventh Circuit not to overturn its precedent barring courts from vacating international arbitral awards rendered in the U.S. under broader domestic standards, saying its interpretation of the issue enhances the jurisdiction's appeal for international parties.

  • August 16, 2022

    Green Groups Challenge Puerto Rico LNG Shipping Project

    Green groups on Tuesday sued the federal government over a plan to improve liquefied natural gas tankers' access to Puerto Rico's largest port by deepening and widening shipping channels, alleging the agencies failed to adequately consider environmental, health and climate change impacts.

  • August 16, 2022

    Mass. Power Plant Gets OK For Ch. 11 Debt-Swap Plan

    A Delaware bankruptcy judge Tuesday approved the Chapter 11 plan of a Massachusetts power plant owner after hearing it had resolved objections by the contractor whose arbitration award sent the company into insolvency.

  • August 16, 2022

    Wis. Can't Tax Reacquired Tribal Land, 7th Circ. Rules

    The Seventh Circuit has reversed a Wisconsin federal judge's ruling allowing the state to tax lands of four Chippewa tribes that have been reacquired by tribe members, saying the tribes retain a treaty-based right not to pay taxes on those lands and the state didn't overcome the "sanctity" of tribal tax immunity under U.S. Supreme Court precedent.

  • August 16, 2022

    Trade Group Backs Insurer In City's 9th Circ. Pollution Appeal

    An insurance trade association has urged the Ninth Circuit to side with Arrowood Indemnity Co. in its fight to avoid paying $1.4 million for groundwater contamination caused by a metal plating company in West Sacramento, California, saying that siding with the city would weaken pollution exclusions in insurance contracts.

  • August 15, 2022

    Feds To Retire 11 Oil Wells, Ending Suit Over Monument Land

    The Biden administration and conservation groups have reached an agreement to permanently close 11 dormant oil wells inside California's Carrizo Plain National Monument, ending a suit that accused the federal government of unlawfully approving a new oil well and potential pipeline.

  • August 15, 2022

    NJ Urges Against GE Wind Turbine Ban In Mass. Patent Row

    The state of New Jersey urged a Massachusetts federal judge Monday not to block General Electric-made wind turbines that a jury said infringed a Siemens' patent, arguing that banning the products would "make it impossible" to complete a state-sponsored wind project.

  • August 15, 2022

    9th Circ. Says Tribal Co. Has Immunity, Even If 'Unfair'

    A California tribal entity has sovereign immunity that shields it from a consulting firm's complaint over alleged wage and hour violations during the cleanup of wildfire damage on reservation land, even if that leaves the company with no path to litigate its dispute, a Ninth Circuit panel ruled. 

  • August 15, 2022

    Skanska Sues NYC For $25M Over Delayed Waste Project

    A joint venture including construction firm Skanska has sued New York City for $25 million in New York state court, claiming it was not paid in full for work on a Department of Environmental Protection water treatment facility and that the city caused delays.

  • August 15, 2022

    Trump-Era Species Regs Should Go Back To FWS, Court Told

    Federal regulators have asked a California federal judge to let them revise several measures that the Trump administration took to weaken the Endangered Species Act, arguing that the court should not have repealed those policies when it remanded them to the U.S. Fish and Wildlife Service last month.

  • August 12, 2022

    3 Things State Tax Pros Should Know About The Inflation Act

    State tax professionals are still digesting Democrats' tax, climate and health care legislation known as the Inflation Reduction Act, but at first blush, they see several provisions that could have a significant effect on states. Here, Law360 presents three provisions of the bill to know.

  • August 12, 2022

    8th Circ. Ends Minn. Pipeline Appeal After Tribe Ruling

    The Eighth Circuit has agreed to end an appeal by the Minnesota Department of Natural Resources seeking to keep a dispute with the White Earth Band of Ojibwe in federal court, saying the matter is moot after the tribe's own courts declined to exercise jurisdiction over the dispute.

  • August 12, 2022

    Dallas Pension Fund Seeks Redo Of 'Tainted' $1.2B Trial

    The Dallas Police & Fire Pension System has asked a Texas state court for a new trial in its $1.2 billion lawsuit accusing The Townsend Group of failing to warn about risks of investing in undeveloped land, claiming its jury loss was "tainted" by Townsend's arguments that the suit was invented by lawyers.

  • August 12, 2022

    Hospitality Cases To Watch For The Rest Of 2022

    With lawsuits ranging from Marriott's data-breach multidistrict litigation and a Virgin Hotels owner-manager dispute to cases contesting U.S. Citizenship and Immigration Services' mandate that all EB-5 regional centers must be reauthorized, hospitality litigation underway at midyear 2022 shows just how varied and complex the sector's legal issues can be.

  • August 12, 2022

    Taxation With Representation: Kirkland, Simpson, Cravath

    In this week's Taxation With Representation, Vista Equity will acquire Avalara, Pfizer will acquire Global Blood Therapeutics, Partners Group Inc. will sell 50% of United States Infrastructure, and Cox Enterprises will purchase Axios Media.

  • August 11, 2022

    Petrobras Defrauded Drilling Venture Investors, Court Rules

    A D.C. federal court has agreed that Petrobras fraudulently induced several investment funds to finance a company formed for an oil drilling venture that was later revealed to be implicated in a massive bribery scheme, teeing up a trial on the investors' claim for $221 million in damages.

  • August 11, 2022

    Watchdog Flags $3B Port Project's Fraud Risks, Hiring Needs

    A federal watchdog warned a General Services Administration subdivision on Thursday that past audits indicate it should be on guard for fraud risks and will need to recruit for key oversight roles as it puts the $3.4 billion it received under the infrastructure bill to use.

  • August 11, 2022

    Telecom Tower Co. Nabs Early Win In Delinquent Bills Row

    A federal Indiana court delivered an early win for Global Tower LLC against Norfolk Southern Railway Co., finding that the local telecommunications tower operator did not owe the railway a portion of its revenue from a tower on land owned by the rail line.

  • August 10, 2022

    Locke Lord Nabs Maritime Pro For Renewable Energy Practice

    Locke Lord has announced that it has added a maritime and environmental attorney with a passion for offshore wind from Squire Patton Boggs LLP to bulk up its renewable energy offerings.

  • August 10, 2022

    Argentina Says Webuild Can't Enforce $21M Award

    Argentina is pressing a D.C. federal court to toss litigation to enforce a $21.3 million arbitral award won by Webuild more than a decade ago in a dispute over a water and sewage service concession, saying the Italian infrastructure company sat on the award for too long.

Expert Analysis

  • 8th Circ. Ruling May Provide Relief For Bakken Debtors

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    The Eighth Circuit’s recent decision that an oil and gas agreement provision requiring additional funds to participate in drilling a well was dischargeable in Slawson Exploration v. Nine Point Energy may aid debtors in the Bakken shale at a time when bankruptcy filings are expected to rise, say Isaac Griesbaum and Katherine Preston at Winston & Strawn.

  • Trump Nationwide Permit Move Could Interrupt Pipeline Suit

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    The Trump administration's proposal to revamp the nationwide permit program well ahead of schedule is clearly a response to recent litigation over the Keystone XL pipeline, and could moot those proceedings and force litigants to restart them, says Yvonne Hennessey at Barclay Damon.

  • How Congress May Bail Out FERC On Tolling Orders

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    The D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission deals a major blow to FERC's use of tolling orders to forestall judicial rehearings, but Congress may soon come to the agency's aid, say Sandra Rizzo and David Skillman at Arnold & Porter.

  • Market Rebound May Curb Securities Class Actions, Damages

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    The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.

  • Unpredictable Wisconsin PFAS Regs Are Bad For Business

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    As Wisconsin attempts to recover from the economic impact of the pandemic, uncertainties surrounding ramped-up regulatory efforts and costly cleanup of per- and poly-fluoroalkyl substances could slow real estate and business development and expansion in the state, says Delanie Breuer at Reinhart Boerner.

  • Final IRS Rules On REIT Dividends Create Statutory Conflict

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    The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

  • Key Elements Of NY Agencies' Renewable Energy Plan: Part 2

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    A proposal from two New York energy agencies that would significantly restructure the state's clean energy market could result in major impacts for load-serving entities and new economic opportunities for disadvantaged communities, says Kevin Blake of Phillips Lytle.

  • Key Elements Of NY Agencies' Renewable Energy Plan: Part 1

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    The framework for decarbonizing the power system set out in a new white paper from two New York energy agencies will require big changes to the state's Clean Energy Standard procurement structure, and could have major consequences for biofuels, hydropower and other energy sectors, says Kevin Blake at Phillips Lytle.

  • Mass. Solar Incentive Restrictions Make Site Scrutiny Crucial

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    In light of the Massachusetts Department of Energy Resources' recent rule changes restricting incentives for solar development on ecologically sensitive greenfield sites, landowners and solar developers should assess target properties carefully before building, say attorneys at Beveridge & Diamond.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • FERC Rehearing Reg Poses New Challenges For Pipelines

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    A recent Federal Energy Regulatory Commission regulation, precluding construction for previously approved pipelines until timely filed rehearing requests are addressed, may impose unnecessary delays on the construction of critical energy infrastructure already found to be in the public interest, say attorneys at Sheppard Mullin.

  • Enviro Settlements Offer Solution To Growing Citizen Suit Risk

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    Declining federal environmental enforcement may spur more lawsuits by citizens groups — making it more important than ever for companies to seek early resolutions through negotiated settlement framework agreements, say Heidi Friedman and Joel Eagle at Thompson Hine.

  • 5th Circ.'s Windstorm Ruling Holds Silver Lining For Insureds

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    Although the Fifth Circuit recently barred recovery in Pan Am Equities v. Lexington Insurance, its decision may be an overall win for policyholders by affirming that rain and flood damage can trigger windstorm coverage, says Tae Andrews at Miller Friel.

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