More Real Estate Coverage

  • November 22, 2023

    NJ Assembly Bill Seeks Tax Break For Conservation Sales

    New Jersey would allow individuals to claim a gross income tax deduction for money earned through the sale of real property to conservation groups as part of a bill introduced in the state Assembly.

  • November 21, 2023

    Green Orgs Fight Back On Corps' Brief In Port Expansion Row

    Conservation groups challenging the U.S. Army Corps of Engineers' review of a dredging project to widen shipping lanes for Puerto Rico's largest port told the D.C. Circuit the agency is trying to paper over an inadequate analysis with arguments that focus on post-decision developments and justifications.

  • November 21, 2023

    Ohio Firm Must Face Malpractice Suit Over Mineral Rights

    An Ohio state appeals court this week revived a former client's malpractice suit against McCamic Sacco and McCoid PLLC, finding that a dispute still exists over her mineral rights interest and what the firm's duty was in protecting it.

  • November 21, 2023

    Coast Guard Contractor Settles $1M Dredging Dispute

    A military contractor and subcontractor have settled their dispute over a contract to dredge a waterway in North Carolina for the U.S. Coast Guard after the subcontractor said Joint Forces Construction failed to pay it over $1 million for its work and the contractor said Carolina Marine Structures cost it $700,000 by doing a bad post-work survey.

  • November 21, 2023

    Energy Bonus Credits' Labor Rules Set Bar Too High, IRS Told

    Complying with proposed IRS labor rules that are critical in claiming the 2022 climate law's bonus tax credits will be challenging for project owners, stakeholders told the agency Tuesday, citing hurdles such as daunting record-keeping requirements and unclear construction start dates.

  • November 21, 2023

    Ga. Fragrance Co. Seeks Exit From Homeowners' Class Suit

    A Georgia-based fragrance maker is seeking an early exit from a proposed class action brought by nearby homeowners who are accusing the company of negligence after a chemical explosion, saying its neighbors failed to provide any evidence or respond to discovery.

  • November 21, 2023

    Polsinelli Hires 3 CRE Attorneys From Nelson Mullins In DC

    Polsinelli PC has hired three Nelson Mullins Riley & Scarborough LLP attorneys, two of whom are joining as shareholders, who focus their practices on commercial real estate and related matters, the firm announced Monday.

  • November 20, 2023

    Mont. Ranch Sues Forest Service Over Gate Access

    Incline Ranch LLC on Monday accused the U.S. Forest Service of violating its easement with the ranch's owners by placing a gate to a nearby national forest on Incline's land, causing an overflow of public parking on the property and restricting access to portions of its acreage.

  • November 20, 2023

    RE Brokerage's Parent Co. Can Intervene In Coverage Suit

    Century 21 Real Estate can intervene in a suit from its insurer that seeks to duck coverage claims in an underlying action over alleged violations of Washington state consumer protection laws, a federal magistrate judge said. 

  • November 20, 2023

    Enbridge Unit Seeks Land Access For Texas Pipeline Project

    An Enbridge Inc. unit urged a Texas federal court Monday to convey Cameron County land so that it can conduct environmental surveys for a federally approved 137-mile natural gas pipeline project, alleging that it can't get a response from two landowners to secure permission for the surveys.

  • November 17, 2023

    Rio Tinto Pays $28M To Settle SEC Fraud Suit

    Mining giant Rio Tinto PLC has agreed to pay $28 million to settle the U.S. Securities and Exchange Commission suit against the company over its public forecasts for the success of an ultimately decimated Mozambique mining project, according to a letter filed Friday in New York federal court.

  • November 17, 2023

    Tribe Says Feds Can't Represent Interest In Grounds Dispute

    The Poarch Band of Creek Indians has told the Eleventh Circuit that the federal government can't best represent its interests in a case over a burial grounds site, saying a lower court correctly found the tribe is a required party but can't be joined due to sovereign immunity.

  • November 17, 2023

    Preschool Wants To Stop End Of Nature Center Lease

    An early childhood education institution on Friday sued the Audubon Society of Western Pennsylvania for $50,000, saying the organization breached a contract that provided space for the school by terminating the agreement early for no reason.

  • November 17, 2023

    Skanska Hit With $1.69M Verdict In Oyster Destruction Suit

    A Florida state jury has awarded the owner of an oyster farm nearly $1.7 million in damages in a trial against Skanska USA Civil Southeast Inc. over the destruction of 800,000 oysters during Hurricane Sally in 2020.

  • November 17, 2023

    DC Circ. Backs FERC Over Grid Replacement Projects Order

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's determination that transmission owners within the footprint of the nation's largest regional grid operator retain the authority to plan and build new projects to replace their aging facilities.

  • November 17, 2023

    Black La. Residents Lose Suit Over Chemical Plant Approvals

    A Louisiana federal judge permanently tossed a suit filed by Black Louisianians who claimed that St. James Parish's government and Legislature intentionally approved harmful petrochemical facilities in predominantly Black districts and protected predominantly white districts from those facilities.

  • November 17, 2023

    Property Plays: GreenRock, Alpine Income, Forethought Life

    GreenRock Capital and Petros PACE Finance have provided $62.2 million in financing for a California luxury hotel project, Alpine Income Property Trust has loaned $30.8 million for various retail properties and Forethought Life Insurance has loaned $131 million for an Illinois Amazon warehouse.

  • November 17, 2023

    NY Bill Seeks To Stop Selective Energy System Tax Breaks

    New York taxing jurisdictions would not be able to pick which solar or wind energy systems are exempt from property tax under a bill introduced in the state Assembly.

  • November 17, 2023

    Wis. Lawmakers OK Wider Farmland Preservation Tax Breaks

    Wisconsin would expand eligibility for farmland preservation tax credits and increase the amounts of credits that eligible landowners could receive for qualifying acres under a bill approved by state legislators.

  • November 17, 2023

    Treasury, IRS Propose Rules To Limit Easement Deductions

    The Internal Revenue Service proposed guidelines Friday clarifying a new law meant to stop partnerships from claiming unwarranted tax deductions for conservation easement donations, including detailed rules for calculating partners' bases and new recordkeeping requirements for substantiating deductions.

  • November 17, 2023

    IRS Floats Rules To Broaden Green Energy Investment Credit

    The IRS proposed rules Friday that would broaden eligibility for the clean energy investment tax credit, retooled in the 2022 landmark climate law, to include utility-scale properties outfitting or developing newer forms of technologies such as battery storage systems attached to solar energy properties.

  • November 16, 2023

    Alaska Says Tribal Fishing Suit's Aboriginal Rights Claim Fails

    Top Alaskan officials have opposed the Metlakatla Indian Community's latest bid to win its lawsuit claiming it is entitled to fish in a network of waterways near its reservation, telling a federal judge the tribe's aboriginal rights argument is unconvincing.

  • November 16, 2023

    DOE Floats Looser Enviro Reviews For Clean Energy Projects

    The U.S. Department of Energy put forth proposed amendments to its regulations governing compliance with the National Environmental Policy Act on Thursday — measures the American Council on Renewable Energy heralded as streamlining the siting and permitting of critical transmission and clean energy projects.

  • November 16, 2023

    Stevens & Lee Adds Real Estate, Wealth Attys In Allentown

    A pair of brother attorneys have moved their real estate and estate planning practices to Stevens & Lee's Allentown, Pennsylvania, office after formerly serving clients at their own firm for more than 40 years.

  • November 15, 2023

    Tribe Fights DOI's Bid To Redo Ruling In Burial Ground Suit

    The Muscogee (Creek) Nation is fighting the U.S. Department of the Interior's motion for an alternate ruling that would dismiss litigation against any federal defendants in a dispute over a 17th-century burial ground allegedly razed to make way for a multimillion dollar hotel and casino but allow the case against a fellow Alabama tribe to proceed.

Expert Analysis

  • HUD Chicago Finding Reflects Biden's Enviro Agenda

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    A recent final finding issued by the U.S. Department of Housing and Urban Development regarding relocation of a Chicago recycling facility illustrates how leveraging nonenvironmental statutes to force change and address environmental justice issues can work in practice, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • 3 Trends To Watch In US Offshore Wind Development

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    As the offshore wind industry continues to build momentum in the U.S. with billions of dollars in new infrastructure spending and offshore lease sales, developers should keep an eye on emerging solutions to grid connectivity, expansion into new potential lease areas and more, say attorneys at V&E.

  • Inflation Reduction Act Loan Funds Will Aid Energy Innovation

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    By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

  • What 5th Circ. Bankruptcy Ruling Means For FERC Authority

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    The Fifth Circuit’s recent ruling in Gulfport Energy v. Federal Energy Regulatory Commission begs the question as to whether FERC regulations sufficiently protect pipelines from the effects of customer bankruptcies, and highlights the conflict between the commission and bankruptcy courts, say Keturah Brown and Emily Mallen at Sidley.

  • Justices Could Tighten Fraud Statute In Ex-Cuomo Aide Case

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    The U.S. Supreme Court has an opportunity to overturn the conviction of an aide to former New York Gov. Andrew Cuomo in Percoco v. U.S., thereby restraining federal prosecutors' use of the honest services fraud statute and confining its application to cases of true public corruption, says Scott Coffina at Montgomery McCracken.

  • A Look At 2 Frameworks For Decarbonizing Heavy Industry

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    Comparing common themes in two recent international frameworks for decarbonizing heavy industry reveals recent progress toward lowering emissions and highlights the key role the industrial sector will play in decarbonization efforts, say attorneys at Shearman.

  • 'Waters Of US' Meaning May Get 'Major Questions' Scrutiny

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    After the U.S. Supreme Court's invocation of the so-called major questions doctrine in its recent decision in West Virginia v. U.S. Environmental Protection Agency, the court is primed to use this concept to restrict federal wetlands protections under the ambiguous term "waters of the United States," says Peter Alpert at Ropes & Gray.

  • Cos. Should Engage With EPA On PVC Hazard Designation

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    A pending petition to the U.S. Environmental Protection Agency to classify discarded polyvinyl chloride products as hazardous waste could have wide-ranging and unanticipated effects due to the ubiquity of PVC products — so potentially regulated industries should provide information to the EPA on the economic impact of such a move, say attorneys at Kilpatrick.

  • Lessons From FERC New England Capacity Market Settlement

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    The Federal Energy Regulatory Commission's recent enforcement settlement with Salem Harbor Power Development illustrates the consequences for power market participants if they fail to report accurate information to independent system operators and regional transmission organizations, say attorneys at K&L Gates.

  • Fed. Circ. Ruling May Curb Gov't Contract Procedural Suits

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    The Federal Circuit's recent decision in Zafer Construction v. U.S. contains important takeaways for federal contractors and contracting officials on determining whether a request for equitable adjustment is a timely claim for a final decision, and will hopefully avert costly procedural litigation, say Aron Beezley and Sarah Osborne at Bradley.

  • How Justices' EPA Ruling Thwarts The Will Of The People

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    By reversing a long-standing presumption in favor of executive branch interpretations of ambiguous statutes, the U.S. Supreme Court's recent ruling limiting the U.S. Environmental Protection Agency's powers to fight climate change blocks the will of the popular majority that elects the president, exacerbating our political system's dysfunction, says Jonathan Martel at Arnold & Porter.

  • High Court's New EPA Ruling And Its Long-Term Implications

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    The U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

  • Capturing Carbon In California: Opportunities And Challenges

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    California is well situated to play a leading role in carbon capture and sequestration, but there remain barriers to widespread CCS deployment — including policy and regulatory hurdles, and the concerns of potentially affected communities, say Brian Israel and Samuel Pickerill at Arnold & Porter.

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