More Real Estate Coverage

  • August 10, 2022

    Real Estate Consultant, Owners Settle $23M Securities Suit

    The U.S. Securities and Exchange Commission announced Wednesday that it inked a settlement with a real estate consulting firm, its co-owners and an investment adviser that the agency accused of selling $23 million in unregistered securities via membership units in real estate investment projects.

  • August 10, 2022

    Nelson Mullins Boosts Real Estate Group With Ex-MetLife Atty

    Nelson Mullins Riley & Scarborough LLP has added the former senior counsel for MetLife Investment Management's real estate investments department, bringing on an attorney who will guide clients across a range of real estate matters out of the firm's Atlanta office.

  • August 10, 2022

    Ohio High Court Approves Plans For Lake Erie Wind Farm

    The Ohio Supreme Court on Wednesday greenlighted plans for the first offshore freshwater wind energy farm in North America, upholding the decision of a state board that previously gave its blessing.

  • August 10, 2022

    Partners Group Sells Half Of $4.1B Utility Locator Co USIC

    Partners Group Inc., steered by Ropes & Gray LLP, will sell 50% of United States Infrastructure Corp., a company that detects underground utilities and has an enterprise value of $4.1 billion, to Paul Weiss Rifkind Wharton & Garrison LLP-led private equity shop Kohlberg & Company LLC, the firms said Wednesday.

  • August 09, 2022

    NYC Wants Artists' Suit Over Jail Renovation Tossed

    New York City is seeking to dismiss a suit brought by two artists whose murals and sculptures at a Manhattan jail may be jeopardized by renovation plans, arguing the city-commissioned works are not federally protected.

  • August 09, 2022

    Claims Court Says Air Force Arbitrary In $100M Deal Awards

    The Court of Federal Claims has blocked the U.S. Air Force from moving forward with three of four contracts on a maintenance and repair deal at a base in Alaska worth nearly $100 million, saying it arbitrarily assessed bidders' past performance examples.

  • August 09, 2022

    Texas, Mo. Go To 5th Circ. Over Border Wall Funding Ruling

    Texas and Missouri told a Texas federal judge that they plan to file an appeal in the Fifth Circuit of a recent ruling that tossed the states' claims over the Biden administration's paused construction funding for the wall along the U.S.-Mexico border.

  • August 09, 2022

    Texas Energy Co. Sues Terminal Co-Owner In Del. Court

    San Antonio-based One Cypress Terminals launched a lawsuit in the Delaware Chancery Court alleging the company it co-owns a Texas petrochemical storage terminal with is attempting to dilute One Cypress' stake in the venture to benefit itself and its private equity investors.

  • August 09, 2022

    DC Circ. Rejects Sioux Challenge To SD Uranium Mine Permit

    The D.C. Circuit on Tuesday rejected the Oglala Sioux Tribe's effort to reverse the Nuclear Regulatory Commission's decision to grant Powertech Inc. a license to extract uranium from ore beds in South Dakota.

  • August 09, 2022

    NJ Bill Would Create Tax Credits For Nuclear Energy Facilities

    New Jersey would establish corporate business tax credits for the construction and operation of advanced nuclear energy facilities under a bill introduced in the state Senate.

  • August 09, 2022

    Thompson Coe Adds Ex-Lewis Brisbois Atty In Dallas

    Thompson Coe Cousins & Irons LLP has boosted its professional liability practice in Dallas with the addition of a former Lewis Brisbois Bisgaard & Smith LLP partner who boasts three decades of litigation experience.

  • August 09, 2022

    Evergy Inks $250M Deal To Buy 199 MW Midwest Wind Farm

    Guided by Morgan Lewis & Bockius LLP, Midwestern energy utility Evergy Inc. announced Tuesday it will pay roughly $250 million to buy a 199-megawatt wind farm in western Oklahoma from Scout Clean Energy and Elawan Energy, a partnership repped by McDermott Will & Emery LLP.

  • August 08, 2022

    DOI Fights Rehearing Of Alaska Land Swap

    The U.S. Department of the Interior is opposing a bid for an en banc rehearing by environmental groups over its 2019 approval of a land exchange allowing a road to run through Izembek National Wildlife Refuge land between Cold Bay and King Cove, Alaska, saying that the exchange is not meant for economic gain.

  • August 08, 2022

    Freedmen Descendants Say Judge Ignored Tribal Trust Law

    A descendant of Black people enslaved by Native Americans said a judge ignored trust law when he threw out a putative class action demanding an accounting of potential royalties from Oklahoma oil and gas leases.

  • August 08, 2022

    Real Estate Co. Excluded Black Worker From Bonus, Suit Says

    An African American employee sued The RMR Group LLC, a real estate asset management company, in Atlanta federal court, alleging he was denied gift cards and a bonus given to other staff because of his race, and was fired when he complained.

  • August 08, 2022

    Florida Beats Enviro Challenge To Drawbridge Project

    A Florida federal judge ended a suit claiming the state transportation agency didn't adequately vet the environmental and neighborhood impacts of replacing a drawbridge with a fixed-span bridge.

  • August 08, 2022

    Calif. Judge Urged To Keep Nix Of Species Rules In Place

    The federal government, multiple states and a slew of conservation groups are urging a California federal judge not to pause his order vacating Trump-era Endangered Species Act regulations, arguing an appeal of the decision is not likely to succeed.

  • August 05, 2022

    8th Circ. Says Polluted Site's Neighbors Can't Fight Decree

    The Eighth Circuit ruled Friday that Daikin Applied Americas and Super Radiator Coils can't challenge changes to a consent decree reached for handling a polluted site in a Minneapolis suburb because the companies' alleged harms can't be pinned on the amended agreement.

  • August 05, 2022

    Energy Transfer Affiliates Plead No Contest To Spill Charges

    Affiliates of Energy Transfer LP have pleaded no contest and were convicted of Clean Streams Law violations in two criminal cases related to their construction of two major pipelines in Pennsylvania, state Attorney General Josh Shapiro announced on Friday.

  • August 05, 2022

    Fla. Tribe Says EPA Improperly Gave State Water Power

    The U.S. Environmental Protection Agency "disregarded and diminished" the sovereignty of the Miccosukee Tribe of Indians of Florida when it approved Florida's effort to take over an important Clean Water Act permitting program, the tribe said in a lawsuit filed on Thursday.

  • August 05, 2022

    9th Circ. Says FERC Got Calif. Hydro Project Orders Wrong

    A California state agency didn't waive its permitting authority over four hydroelectric projects when it allowed the project developers to withdraw water quality certification applications that didn't comply with state law and were likely destined for denial, the Ninth Circuit ruled.

  • August 05, 2022

    FCC Starts Search For New Rules For Space Industry

    The Federal Communications Commission on Friday launched a wide-ranging inquiry into potential new rules to support industrial activity in space, as the agency's chief declared that "a new space age is here" posing challenges that old regulations can't meet.

  • August 05, 2022

    Grading Biden's Push To Site Green Energy On Public Land

    The Biden administration has made strides in attempting to fulfill a 2020 congressional mandate to grant permits for 25 gigawatts of wind, solar and geothermal energy on public lands by 2025, but experts say more must be done in order to hit that aggressive target. Here's a report card on the Biden administration's work so far.

  • August 05, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen restaurant chain PizzaExpress put an insurance claim on the menu in a lawsuit against Liberty Mutual and AXA, the self-proclaimed creator of Bitcoin Craig Wright turn his attention to an IP claim against BTC Core, and AstraZeneca launch proceedings against its former head of investor relations. Here, Law360 looks at these and other new claims in the U.K.

  • August 04, 2022

    Lack Of Experience Costs Contractor $34M Award, GAO Says

    A Long Island-based government contractor can't get a second shot at a lost $33.7 million award after the U.S. Government Accountability Office ruled that it failed to show the relevant prior experience necessary for the military project.

Expert Analysis

  • Calif. Vapor Intrusion Guidance Promises More Consistency

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    The draft guidance on vapor intrusion released recently by a group of California environmental agencies should help address confusion resulting from varying approaches to vapor investigation and remediation used by different state regulators, says Laurie Berger at Environmental General Counsel.

  • Superfund Ruling May Increase Landowners' Cleanup Liability

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    The U.S. Supreme Court's ruling in Atlantic Richfield v. Christian featured an expansive interpretation of property owners' liability for hazardous substances that come to be located on their land, and will have far-reaching implications for those whose property has been contaminated by offsite sources, say attorneys at Haynes and Boone.

  • Remote Notarization Is A New Virtual Frontier For Mass.

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    Massachusetts' new law allowing for online execution of notarized documents leaves several unanswered questions regarding its requirement for all participating parties to be located within the state, potentially setting up for future litigation, says Katie Von Kohorn at Casner & Edwards.

  • How To Assess Accounting Materiality Amid Economic Crisis

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    Companies weathering the economic fallout of COVID-19 should consider three data-driven quantitative methods to help evaluate accounting materiality claims, particularly in cases where traditional factors fail to establish whether an error was material, and where data exists on comparable revision versus restatement decisions, say consultants at The Brattle Group.

  • COVID-19, Eminent Domain And Determining Compensation

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    Paul Kiernan at Holland & Knight discusses how to determine whether a government action taken in response to the pandemic that causes a property owner's loss can be characterized as an exercise of police power, or an exercise of eminent domain that would require compensation from the government.

  • Fracking Decision Strengthens Precedent On Forced Pooling

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    A Colorado federal court's ruling last month in Wildgrass Oil & Gas Committee v. State of Colorado joins several recent decisions confirming that forced pooling of mineral interests is legal in the context of hydraulic fracturing, says Russell Gips at Copeland & Rice.

  • Oil And Gas Cos. Must Prepare For Counterparty Bankruptcies

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    With many U.S. oil and gas producers, midstream companies and oil field service businesses struggling to survive the economic shocks from COVID-19 and the Saudi Arabia/Russia standoff, players in this space should be ready for counterparties to seek bankruptcy protection, say attorneys at Reed Smith.

  • Conservatorship Act Is Pa.'s Best Property Restoration Tool

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    Compared to other options, Pennsylvania's Abandoned and Blighted Property Conservatorship Act offers the best approach for renovating problematic properties because it encourages rehabilitation without demanding public expenditure, say Gaetano Piccirilli and Monica Platt at Klehr Harrison.

  • Reforms That Could Fix FERC's Pipeline Certificate Reviews

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    If the Federal Energy Regulatory Commission can't respond in timelier way to landowners' and environmentalists' challenges to pipeline certificates and related eminent domain actions, Congress or the courts may soon step in to resolve the problem, say attorneys at Steptoe & Johnson.

  • Bat Species Status Ruling Leaves Cos. Hanging

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    A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

  • Ruling On FERC's Tolling Orders Could Slow Pipelines

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    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

  • Pa. Fracking Decision Leaves Trespass Question Open

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    In Briggs v. Southwestern Energy Production Co., the Pennsylvania Supreme Court has affirmed that fracked oil and gas belongs to whomever extracts it from the ground — but left open the potential for trespass actions when there is proof of physical invasion of the adjoining property, say attorneys with Saul Ewing.

  • Getting State Approvals For Energy Storage Siting

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    Many state laws are still ambiguous about regulatory oversight of energy storage facility siting, so energy storage developers should consider proactively engaging with state regulators to determine whether they will assert jurisdiction, says Andy Flavin of Troutman Sanders.

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