More Real Estate Coverage

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 15, 2024

    Software Company Seeks $10M Policy Limit For Bad Deal

    A software company told a California federal court that its insurer breached its contract by failing to cover $10 million in damages suffered because of misrepresentations made by a property and casualty insurance software company it bought.

  • February 15, 2024

    New York Says Thruway Doesn't Cut Through Cayuga Land

    New York state officials are asking a federal district court to dismiss litigation by the Cayuga Nation that seeks a cut of the tolls collected on the New York State Thruway, arguing that the tribe can't prove it had possession of the land over which the highway was being built.

  • February 14, 2024

    Navajo Say Hopi Tribe Bid To Join Land Trust Suit Is Untimely

    The Navajo Nation has said the Hopi Tribe's attempt to intervene in its lawsuit against the U.S. government over a land trust and casino road easement dispute is untimely, coming after nearly four years of litigation.

  • February 14, 2024

    Mass. Court Doubts Northeastern Vowed To Keep Land Public

    Massachusetts Appeals Court justices appeared Wednesday to question a claim by the town of Nahant and a group of residents that Northeastern University had implicitly dedicated oceanfront land it acquired in the 1960s as a wildlife preserve and park by allowing public access for decades.

  • February 13, 2024

    Calif. Clean Energy Storage Secures $350M From Blackstone

    Arevon Energy Inc. said Tuesday that it closed on financing for a California renewable energy storage facility, including $350 million from a Blackstone unit in the form of preferred equity, with guidance from three law firms.

  • February 13, 2024

    DC Circ. Again Nixes Challenge To FERC Pipeline Powers

    The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    Tree Removal Mixup Merits Coverage, Homebuilder Tells Court

    A homebuilder's insurer must defend it in litigation over the accidental removal of 66 trees in an adjacent lot, the homebuilder told a Texas federal court, arguing the tree removal was accidental and thus an occurrence under its commercial general liability policy.

  • February 09, 2024

    State Farm Defends Pricing Setting Insured Says Shorted Her

    State Farm Fire and Casualty Co. renewed its bid to toss a Mississippi homeowner's proposed class action over allegations it intentionally underpaid fire damage claims, arguing it was correct to use a "new construction" setting in its pricing software that led to lower recoverable labor costs.

  • February 09, 2024

    Property Plays: MCR, Black Spruce, Willow Bridge

    MCR has landed $333 million in refinancing for a multistate hotel portfolio, Black Spruce Management has scored $146 million in financing for a Manhattan multifamily property, and Willow Bridge Property has landed $175 million in financing for three multifamily properties.

  • February 09, 2024

    DOI Accused Of Delaying Coal Mine Enviromental Review

    Signal Peak Energy has slapped the U.S. Department of the Interior with a complaint in D.C. federal court accusing the agency of unlawfully delaying an environmental impact statement needed for the approval of its expansion of the Bull Mountains coal mine in Montana.

  • February 09, 2024

    Iowa House Bill Would Cancel Growth Assessment Limitation

    Iowa would eliminate a limitation used in the calculation of assessments for agricultural and residential properties under a bill introduced in the state House of Representatives. 

  • February 09, 2024

    Owens Corning To Buy Door-Maker Masonite In $3.9B Deal

    Ohio-based construction materials manufacturer Owens Corning said Friday it has inked a $3.9 billion agreement to buy Tampa, Florida-based door-maker Masonite International Corp., just weeks after the latter company's earlier effort to buy PGT Innovations Inc. fell through.

  • February 08, 2024

    Jackson Walker Adds Real Estate Pro In Austin From Winstead

    Jackson Walker LLP has strengthened its land use practice group in Austin, Texas, with the addition of a senior counsel who came aboard from Winstead PC.

  • February 07, 2024

    5th Circ. Pressed To Rethink Wipeout Of LNG Air Permit

    Developers of a proposed liquefied natural gas terminal on the Texas Gulf Coast told the Fifth Circuit that project opponents are wrongly asserting federal law in opposing requests for the appeals court to reconsider a panel's ruling that scrapped an emissions permit issued by state environmental regulators.

  • February 07, 2024

    Mass. Residents Want High Court To Undo Tribe's Land Grant

    A group of Massachusetts residents are asking the U.S. Supreme Court to reverse a ruling that allowed the U.S. Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino, arguing that a lower court ignored precedent in determining that the Mashpee Wampanoag Tribe is under federal jurisdiction.

  • February 07, 2024

    Ohio County Accused Of Extorting New Property Owners

    Montgomery County, Ohio, unlawfully denies water and sewage service to new property owners if the previous owner had an outstanding debt for those services, forcing them to pay off another party's debt through "extortion" and "coercion," according to a new proposed class action filed in federal court.

  • February 06, 2024

    DC Circ. Unsure FERC Can't Order NextEra To Cover Plant Costs

    NextEra Energy's request to be made whole for upgrades to its New Hampshire nuclear power plant's circuit breaker seemed to get a frosty reception from the D.C. Circuit during oral arguments Tuesday.

  • February 06, 2024

    NC Panel Backs $5M Win For Developers In Water Fee Fight

    The North Carolina state appeals court on Tuesday backed a $5.3 million judgment developers won in their suit accusing the city of Greensboro of imposing illegal pre-service water fees, finding the fees were charged late in the construction process but before volume-measuring water and sewer services were available on the properties.

  • February 05, 2024

    Md. Jury Set To Decide If Ex-State's Atty Lied On Loan Apps

    The legal team representing former Baltimore state's attorney Marilyn Mosby said during closing arguments Monday that she mistakenly placed her trust in her then-husband to address tax debts the couple owed to the IRS, while federal prosecutors accused Mosby of shifting the blame for allegedly lying on mortgage loan applications.

  • February 05, 2024

    FERC Says It Followed Court's Orders With LNG Reapproval

    The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 05, 2024

    Va. Landlord Accused Of Exploitation Denied Pretrial Release

    A Virginia federal judge refused to release a Hampton-based landlord who is facing trial on allegations of exploiting Black tenants, noting the man previously violated release and will likely face a long sentence if convicted.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

Expert Analysis

  • ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • Industry Takeaways From OMB's Final Buy America Guidance

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    The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

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    A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

  • Pa. Case Highlights Complexity Of Oil And Gas Leases

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    A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.

  • Calif. Protected Species Law Changes: Real Fix Or Red Tape?

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    California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.

  • EPA Focus On Lead Could Heighten Private Litigation Risk

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    As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

  • Ruling Affirms Drillers' Right To Choose Methods In Colo.

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    In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

  • NYC Sidewalk Obligations Must Go Beyond Construction

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    New York City's recently announced Get Sheds Down plan will bring sweeping changes to regulation of the scaffolding and construction sheds looming over sidewalks — but it cannot stop there, says Michael Pollack at Yeshiva University's Cardozo School of Law.

  • 5 Quick Takeaways From Feds' New Bank Capital Proposals

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    The federal banking agencies' recent proposed rulemaking on capital requirements is the culmination of a holistic review of U.S. capital standards initiated by the Federal Reserve, and at over 1,000 pages, the proposal will take some time to fully digest, but there are a few items that can be immediately highlighted, say attorneys at Simpson Thacher.

  • Contract Disputes Recap: Timeliness, Evidence, Fact-Finding

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    Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.

  • The Importance Of Sustainable, Resilient Construction Design

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    Due to the significant role that the construction industry plays in climate change, industry participants must understand the concepts of sustainable and resilient design practices, as well as the risks associated with implementing or foregoing these practices, say Daniel Brennan and Marissa Downs at Laurie & Brennan.

  • Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

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    In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

  • The Supreme Court Is At War With Itself On Extraterritoriality

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    The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

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