More Real Estate Coverage

  • December 20, 2023

    The Biggest Environmental Regulatory Actions Of 2023

    The Biden administration continued to strengthen environmental regulations during 2023, finalizing rules that imposed new asbestos reporting requirements, banning some uses of hydrofluorocarbons and cracking down on methane emissions, as well as floating a new proposal to control greenhouse gas pollution from power plants — but a signature Clean Water Act action was dealt a devastating blow by the U.S. Supreme Court. Here are some of the top environmental policy developments in 2023.

  • December 19, 2023

    Ga., Park Service Want Out Of Suit Over Island's Feral Horses

    The U.S. Department of the Interior, National Park Service authorities and two Georgia commissioners told a state federal judge Tuesday that a lawsuit claiming they unlawfully allowed malnourished feral horses to run roughshod on Cumberland Island must be thrown out.

  • December 19, 2023

    Sackett Warrants Win For La. Landowner, 5th Circ. Says

    The Fifth Circuit declared "enough is enough" Monday, freeing a Louisiana pine timber plantation from the U.S. Army Corps of Engineers' claim that its property contains Clean Water Act-protected wetlands, citing a recent important U.S. Supreme Court decision.

  • December 19, 2023

    FERC Approved Unneeded La. LNG Pipeline, DC Circ. Told

    The Federal Energy Regulatory Commission unlawfully approved an unneeded project when it gave the go-ahead to a Tellurian subsidiary's $1.4 billion plan to construct 67 miles of gas pipelines in Louisiana to feed a liquefied natural gas export terminal, environmental groups told the D.C. Circuit.

  • December 19, 2023

    Chiesa Shahinian Makes Leadership Moves For RE 'Explosion'

    Chiesa Shahinian and Giantomasi PC has announced a reorganization of its real estate department with the establishment of teams for taxation and for redevelopment, land use and zoning, and the promotion of longtime experts from within the firm to lead them.

  • December 18, 2023

    Contractor Brings $285M Arbitrator Bias Case To High Court

    A contractor enlisted on a multibillion-dollar project to widen the Panama Canal has urged the U.S. Supreme Court to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards, arguing the justices must resolve lingering confusion over the vacatur standard for evident partiality.

  • December 18, 2023

    Kentucky Urges 6th Circ. To Revive WOTUS Suit

    Kentucky on Monday urged the Sixth Circuit to revive its lawsuit challenging the federal government's controversial rule defining its jurisdiction under the Clean Water Act.

  • December 18, 2023

    Alaska LNG Enviro Review Still Lacking, DC Circ. Told

    The U.S. Department of Energy continues to unlawfully discount the climate change harms associated with a $43 billion liquefied natural gas project in Alaska despite performing a supplemental environmental review, environmental groups told the D.C. Circuit.

  • December 18, 2023

    Oil Co. Defends Appeal In Fraud Suit Against Pittsburgh Firm

    An oil and gas producer alleging it was defrauded by a Pittsburgh-based law firm in a land purchase deal defended its appeal to the Third Circuit, asking the court to reinstate its fraud litigation against Tucker Arensberg after the case was dismissed as time-barred.

  • December 15, 2023

    Parties Want To Revisit Ore. Dam Review In 5 Years

    The states of Oregon and Washington, as well as a coalition of green groups and Native American tribes, have entered into a joint agreement with the federal government to pause their lawsuit over hydropower practices on the Columbia River until 2029, as the parties begin restoring salmon habitats.

  • December 15, 2023

    Tulsa Can't Prosecute Crimes In Indian Country, Judge Says

    The city of Tulsa, Oklahoma, lacks jurisdiction to prosecute Native Americans for municipal crimes committed on reservation lands, a federal court judge determined Friday, saying an appellate court mandate that dismissed an early 19th-century law governing judicial authority over Indian Country will remain in effect.

  • December 15, 2023

    Property Plays: Hines, MG Properties, Prudential

    Hines plans to build a Dallas residential tower, MG Properties has paid $76 million for a Denver multifamily property and Prudential Financial has loaned $75 million for an Illinois apartment building.

  • December 14, 2023

    Seattle Woman Drops Trafficking Suit Against Red Roof

    A woman who says she was trafficked in a Seattle Red Roof Inn voluntarily dropped her case against the hotel company Thursday.

  • December 13, 2023

    NY Thruway Uses Cayuga Land Without Permission, Suit Says

    The Cayuga Nation has filed suit against New York State seeking a cut of the tolls collected on the New York State Thruway where it passes through the 64,000-acre reservation promised to the nation in a 1794 treaty.

  • December 13, 2023

    SG Urges High Court To Back 5th Circ. In Texas Takings Case

    U.S. Solicitor General Elizabeth Prelogar filed an amicus brief in a U.S. Supreme Court takings dispute related to traffic barriers along a Texas highway, urging the high court to uphold the Fifth Circuit's ruling that the takings clause of the Fifth Amendment does not itself supply a cause of action for monetary relief against a state. 

  • December 13, 2023

    Justices Urged To Review $26M Easement Deduction Tax Row

    A partnership asked the U.S. Supreme Court to hear its bid to keep a $26.5 million deduction for a land conservation easement, saying the case was not barred by a law that prohibits suits to restrain the collection of taxes.

  • December 12, 2023

    Fishing Groups Seek 1st Circ.'s Take On Vineyard Wind Farm

    Commercial fishing groups are asking the First Circuit to undo a Massachusetts federal judge's ruling nixing their challenge of U.S. Department of the Interior approvals for the Vineyard Wind 1 project, and to block development of the offshore wind farm before it causes more harm to their livelihoods and the environment.

  • December 12, 2023

    NY Bills Could Cut Private Universities' Tax Breaks

    New York would pare tax breaks granted to private universities by repealing exemptions for real and personal property tax exemption as well as taking away tax-exempt status for institutions, under two bills introduced in the state Senate.

  • December 12, 2023

    Real Estate Rumors: Affinius Capital, Relevant Group, Adler

    Affinius Capital and Simmons Bank have reportedly loaned $85.1 million for an Arizona multifamily property, Relevant Group is said to have sold a Los Angeles hotel for $12 million, and Adler Real Estate Partners is said to have sold three Maryland properties for $4.2 million.

  • December 12, 2023

    Quarles & Brady Taps New Leaders For 3 Practice Groups

    Quarles & Brady LLP has named new leaders for its health and life sciences, real estate, and product liability practice groups after two prior leaders joined the firm's executive committee and another stepped back from his leadership role.

  • December 12, 2023

    FBI Says Site Selection Over New HQ Still On Shaky Ground

    FBI and General Services Administration officials continued to disagree Tuesday on whether there was impropriety with the selection process that resulted in Greenbelt, Maryland, being chosen for the new, consolidated FBI headquarters location. 

  • December 12, 2023

    Sprinkler Co. Inks Deal To End $1.1M Water Damage Suit

    An insurer settled its Washington federal court case against a Michigan-based fire prevention company after blaming the company's sprinkler for causing over $1.1 million in water damage to a Seattle apartment building when it drenched the place without cause.

  • December 11, 2023

    Tulsa Looks To Ax Tribe's Indian Country Jurisdiction Dispute

    Tulsa city officials are asking an Oklahoma federal district court to dismiss claims by the Muscogee (Creek) Nation that allege Native Americans are being unlawfully prosecuted, saying the law regarding jurisdiction over Indian Country is "unsettled, continually evolving and the subject of several pending lawsuits in both state and federal courts."

  • December 11, 2023

    Conn. Justices Ponder Borough's News Habits In Notice Case

    The Connecticut Supreme Court searched Monday for a legal notice standard that works for the 21st century as it considered a challenge to a real estate regulation, pointing to modern news consumption habits as a reason to wonder if newspapers are the best platform for disseminating such notices.

  • December 11, 2023

    Ga. Appeals OKs Retrial After Juror Removal In Forgery Case

    The Georgia Court of Appeals on Monday overturned the conviction of and ordered a new trial for a woman found guilty of lying and forging documents to obtain the property of her deceased boyfriend, saying a trial court wrongly replaced a juror after deliberations at her trial began.

Expert Analysis

  • High Court Ax Of Atty-Client Privilege Case Deepens Split

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    The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 3 Job Satisfaction Questions For Partners Considering Moves

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    The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.

  • 4 Exercises To Quickly Build Trust On Legal Teams

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    High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.

  • Key Considerations For Appointing A Real Estate Receiver

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    With commercial real estate loan distress expected to grow dramatically in the coming months, lenders should make sure to understand best practices for seeking appointment of a receiver over a defaulted property, say Dave Wald at Wald Realty Advisors and Mark Silverman at Locke Lord.

  • Clean Energy Tax Credits' Wage, Apprentice Rules: Key Points

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    The Inflation Reduction Act's complicated prevailing wage and apprenticeship requirements for clean energy facility construction tax credits recently took effect — and the learning curve will be more difficult for taxpayers who are not already familiar with such programs, say attorneys at Shearman.

  • 8 Steps To Improve The Perception Of In-House Legal Counsel

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    With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

  • DOI Enviro Damage Assessment Proposal May Add Flexibility

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    The U.S. Department of the Interior's recently proposed overhaul of its natural resource damage assessment program suggests that current restrictive formulas may be replaced with a more flexible structure — which could bring major benefits to potentially responsible parties and natural resource trustees, says Brian Ferrasci-O’Malley at Nossaman.

  • Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

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    A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

  • How Companies Could Define 'Social' In ESG Metrics

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    While the "social" prong of environmental, social and governance criteria is still hard to evaluate, a three-tiered approach similar to the framework for tracking greenhouse gas emissions could serve as a good basis for companies to develop goals and measure progress in a uniform way, say attorneys at Jenner & Block.

  • Claims Court Ruling Puts New Spin On Blue & Gold

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    The Court of Federal Claims' unique procedural posture in SLS Federal Services v. U.S., in which it followed a trend toward narrowing the ambit of the Blue & Gold waiver, may have significant new implications for agencies that undertake corrective action in lieu of defending against protests, say attorneys at Seyfarth.

  • New AML Law May Be Key Tool To Enforce Russia Sanctions

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    A new anti-money laundering law for the first time authorizes monetary rewards for tips leading to government enforcement against certain sanctions violations, and though many questions remain, it gives the U.S. an additional tool in the ongoing global battle against Russian aggression, say Daren Firestone and Kimberly Wehle at Levy Firestone.

  • Atty Conflict Discussions In Idaho Murder Case And Beyond

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    A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

  • Why The Original 'Rocket Docket' Will Likely Resume Its Pace

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    Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.

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