More Real Estate Coverage
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December 05, 2023
Paralegal Patent Owner Pushes Back Against Del. Court Order
A Texas paralegal facing fines for not showing up at a hearing over litigation generated by a patent licensing outfit she ostensibly owns has told the Federal Circuit that disclosure requirements from Delaware's top federal judge have left her "living in a sense of fear and intimidation."
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December 05, 2023
Atlanta, Residents Spar Over Standing In 'Cop City' Row
The city of Atlanta and a group of non-city residents filed opposing briefs with the Eleventh Circuit this week on the issue of standing in a case that hinges on the ability to collect signatures to force a referendum on construction of a $90 million police training center known as "Cop City."
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December 05, 2023
Utah Groups File Suit Over Plan For World's Longest Gondola
Two conservation groups in Utah claim the state's transportation department conducted a flawed environmental review for its pitch to build a record-setting gondola that would carry skiers and snowboarders from the outskirts of Salt Lake City up through the scenic Little Cottonwood Canyon to two popular ski resorts some eight miles away in the Wasatch Mountains.
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December 04, 2023
Feds Say 5th Circ. Must Pause NM Nuke Storage Site Fight
The U.S. Nuclear Regulatory Commission has reiterated that the Fifth Circuit should pause a dispute over licensing for a temporary nuclear waste storage facility in New Mexico until the appeals court decides whether to reconsider a decision that the agency lacks the authority to license another temporary facility in Texas.
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December 04, 2023
Feds Must Rethink Army Water Plans In Ariz., 9th Circ. Says
The U.S. Fish and Wildlife Service and U.S. Army can't count on a conservation easement's questionable water savings to conclude that Fort Huachuca's water usage in southeastern Arizona's San Pedro River Basin doesn't jeopardize protected plant and animal species, a Ninth Circuit panel said Monday.
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December 04, 2023
Tribes Are Trying To Redraw Jurisdictional Map, Alaska Says
Two Native American tribes are attempting to redraw Alaska's jurisdictional map already set by Congress decades ago by taking a small parcel of land into trust in downtown Juneau, the state says, adding that their claims to the contrary defy logic.
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December 04, 2023
Title Insurer Settles Coverage Dispute Over Lost Land Value
A real estate company and a title insurer notified a Texas federal court that the parties finalized a settlement, ending a coverage row alleging that the company's land diminished in value and was subject to unforeseen development restrictions.
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December 04, 2023
House Panels Probe Contentious FBI Headquarters Decision
Leaders on the House Judiciary and Oversight committees have launched a probe into the General Services Administration's contentious decision to choose a Maryland site for the FBI's new headquarters, citing allegations that the underlying process had been "politicized."
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December 01, 2023
Texas Firm Can't Duck Fla. Estate Planning Malpractice Suit
A Florida federal judge has shot down a Texas law firm's bid to toss a malpractice lawsuit alleging it bungled property transfers that ended up increasing its former client's property taxes.
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December 01, 2023
Property Plays: Venterra, Bank OZK, McCraney
Venterra Realty has picked up a Florida multifamily property, Bank OZK has loaned $173.5 million for a Florida residential condo project and McCraney Property has landed $80 million in financing for a Georgia industrial park.
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December 01, 2023
Buchalter Adds RE Boutique Trainor Fairbrook In Sacramento
Buchalter PC announced Friday that it has joined with real estate and estate planning boutique Trainor Fairbrook, adding six attorneys to the firm's Sacramento office.
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December 01, 2023
GSA To Investigate Site Selection Of New FBI Headquarters
The inspector general of the U.S. General Services Administration has announced an evaluation of the process for selecting a Maryland site for the FBI's new headquarters after a cohort of Virginia congressional delegates led by U.S. Sen. Mark Warner claimed the Maryland site had won out because of "political interference."
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December 01, 2023
Weil Reps Brookfield On Historic $30B Infrastructure Fund
Weil Gotshal & Manges LLP-advised Brookfield Asset Management clinched its fifth flagship global infrastructure equity fund and related co-investment vehicles after securing $30 billion in commitments, marking not only the firm's largest fund ever raised but the largest closed-ended private infrastructure fund ever, according to a Friday statement.
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November 30, 2023
Norfolk Southern Asks Justices To Undo STB Immunity Ruling
Norfolk Southern Railway Co. has petitioned the U.S. Supreme Court seeking review of a Surface Transportation Board opinion that found the rail giant lacks authority to control a Virginia railway and, therefore, has no immunity against antitrust claims, telling the justices a D.C. Circuit panel concocted its own reasoning for upholding the federal agency's "prior authorization" rule.
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November 30, 2023
Va. Tax Head Disallows Subtraction Of Distributions, Gains
Certain Virginia residents may not subtract any portion of their retirement distributions or capital gains for state income tax purposes, the tax commissioner said, finding no evidence that the residents qualified for a subtraction.
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November 30, 2023
EPA Proposes Removing All Lead Pipes In Next Decade
The U.S. Environmental Protection Agency released a proposal Thursday aimed at replacing all lead pipes throughout the country within the next 10 years to protect the public from the significant, and irreversible, health effects tied to exposure to lead in drinking water.
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November 29, 2023
Virginia Pipeline Challengers Seek Freeze From High Court
Virginia landowners challenging the controversial Mountain Valley Pipeline have returned to the U.S. Supreme Court, imploring Chief Justice John Roberts to stop the natural-gas pipeline work from harming their property while litigation over the constitutionality of land seized for the project plays out in the lower courts.
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November 29, 2023
Berkshire Hathaway Unit Hit With Water Pollution Suit In NC
A Berkshire Hathaway-owned developer polluted creeks with harmful sediment while repeatedly failing inspections that warned about inadequate environmental safety measures at a 216-acre housing development in North Carolina, environmentalists alleged in a federal lawsuit filed Tuesday.
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November 29, 2023
4th Circ. Remands Railway Eminent Domain Fight To Va.
Norfolk Southern Railway Co. should never have been allowed to pull its eminent domain fight with Zayo Group over a lease to run fiber optic cables from before the Virginia State Corporation Commission and into federal court, the Fourth Circuit has ruled, sending the dispute back there.
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November 28, 2023
Insurer Seeks Exit From U. of Wash. COVID Coverage Suit
A Liberty Mutual insurer is trying to derail a University of Washington lawsuit seeking coverage of hundreds of millions of dollars in pandemic-driven losses and expenses, saying the university is relying on recent state Supreme Court decisions that don't support its theory that its facilities suffered a covered "loss of functionality."
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November 28, 2023
Real Estate Agents Nab Final Approval In $3M OT Deal
A real estate brokerage operator will pay $3 million to end a suit in California federal court alleging it misclassified agents as independent contractors and cheated them out of overtime after a federal judge approved the deal Tuesday.
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November 28, 2023
Norfolk Southern Wants To See Pa. Crossing Suit Derailed
Railroad giant Norfolk Southern urged a Pennsylvania federal court Tuesday to toss a lawsuit alleging its trains block traffic at a grade crossing, claiming that the U.S. solicitor general had argued in a similar case that federal regulation preempts state law in the matter.
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November 28, 2023
Nossaman Atty Rejoins Lewis Brisbois As Enviro Co-Leader
Lewis Brisbois Bisgaard & Smith LLP has welcomed back as a partner an environmental litigator from Nossaman LLP who was previously head of the California Environmental Protection Agency's Department of Toxic Substances Control, the firm said Tuesday.
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November 28, 2023
Akerman Elevates Trio Of Miami Attys To Special Counsel
Akerman LLP has three new special counsel after promoting a trio of Miami attorneys this week.
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November 28, 2023
Australian Solar Energy Firm Raises Range For $45M US IPO
SolarJuice Co. Ltd., an Australian solar equipment provider being spun out of SPI Energy Co. Ltd., on Tuesday raised its fundraising target for its initial public offering to about $45 million, represented by Loeb & Loeb LLP and underwriters counsel Pryor Cashman LLP.
Expert Analysis
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Permitting Reform: Electric Transmission Implications
While Sen. Joe Manchin recently withdrew his energy infrastructure permitting reform proposal, it is likely that it will remain high on the congressional agenda — especially given its potential to transform authorizations and reviews for electric transmission projects, say attorneys at Steptoe & Johnson.
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Justices' Clean Water Act Queries Hint At Search For Balance
While some predict that the U.S. Supreme Court's conservative majority will use Sackett v. U.S. Environmental Protection Agency to strike a blow against the Clean Water Act, the justices' scrutiny of simplistic industry assertions during oral argument offers hope that they may render a more nuanced verdict, says Sambhav Sankar at Earthjustice.
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San Diego Arena Provides Case Study Of Surplus Land Act
A San Diego municipal sports arena property, which recently obtained approval from the California Department of Housing and Community Development, provides a valuable lesson regarding compliance with Surplus Land Act requirements, and the delays that can otherwise ensue, says Elinor Eizdi at Nossaman.
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EPA Guidance Signals Greater Enviro Justice Focus In Permits
A list of frequently asked questions recently released by the U.S. Environmental Protection Agency emphasizes environmental justice and civil rights considerations in permitting for a wide range of commercial activities across many industries, and is likely to reverberate loudly in environmental permitting for years to come, say attorneys at King & Spalding.
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Unpacking The Inflation Reduction Act's Energy Tax Credits
Provisions in the recently enacted Inflation Reduction Act that affect how taxpayers can monetize clean energy tax credits will change how clean energy projects are financed, but taxpayers that may not be allowed multiple credits need to determine which type of credit will be the most advantageous, say attorneys at BakerHostetler.
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How COVID Has Changed Project Development And Finance
Two and a half years into the pandemic, some COVID-19-specific provisions are now common in the project development and finance markets, while others are still undergoing negotiation, say Nate Galer and Katy McNeil at Mayer Brown.
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Hydrogen Sector Needs More Regulatory Certainty
While recent policy developments have raised hopes about hydrogen as a clean energy technology, unlocking hydrogen's full potential will require more clarity about how its large-scale production, transport and use will be regulated on a long-term basis, say attorneys at Troutman Pepper.
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Dropped FCPA Case Holds Key Reminder For Defense Attys
The U.S. Department of Justice’s recent decision, based on newly discovered evidence, to drop Foreign Corrupt Practices Act charges against two defendants involved in a Haitian port development project underscores the need for defense counsel to hold the DOJ to its own policies and precedents in all types of criminal cases, say attorneys at Miller & Chevalier.
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How Inflation Reduction Act Will Lift Offshore Wind Projects
The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.
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ABA Is Defending Profession's Values From Monied Influences
A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.
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CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief
The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.
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Inflation Reduction Act A Boon To Hydrogen, Carbon Capture
The Inflation Reduction Act's tax credits and direct payments, extension of existing renewable electricity subsidies, and other benefits will accelerate hydrogen and carbon capture projects across the U.S. — and will likely draw capital into the country that would otherwise have gone to projects elsewhere, say attorneys at Shearman.
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Public-Private Partnerships Can Enable Infrastructure Repairs
As governmental entities at all levels continue to face intense financial pressures to fund operations, programs and benefit plans, public-private partnerships are a nonconventional funding method that may help address aging infrastructure, say Peter Hutcheon and John Lushis at Norris McLaughlin.