More Real Estate Coverage

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Conn. Mortgage Biz Rips 'Maximalist' CFPB Licensing Stance

    Shuttered East Hartford mortgage company 1st Alliance Lending LLC and its co-owners have argued a Connecticut federal court should throw out the U.S. Consumer Financial Protection Bureau's claims that they deceived borrowers by letting unlicensed consultants create and manage their loans, asserting that the agency's "maximalist position" goes beyond the law.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 26, 2024

    Feds, Fla. Oppose Sharing Power In Clean Water Act Program

    The federal government and Florida are now fighting over how much power each should get after a D.C. federal judge struck down the U.S. Environmental Protection Agency's decision to approve the Sunshine State's bid to assume authority over a key Clean Water Act permitting program.

  • February 26, 2024

    Pastor And Ally Of NYC Mayor Was A Con Man, Jury Hears

    A well-known Brooklyn pastor with close ties to New York City Mayor Eric Adams is a con man, a Manhattan federal prosecutor told jurors Monday, one who lied to lenders, stole from an elderly parishioner and claimed his connections to City Hall could result in millions of dollars in profits from a real estate deal.

  • February 26, 2024

    Del. Justices Deny Second Chance For Texas Land Co. Suit

    Two investors in one of Texas' largest land holding companies lost a bid Monday for Delaware Supreme Court revival of a suit challenging a six-fold increase in company shares, upholding a Court of Chancery finding in December.

  • February 26, 2024

    Trump Calls Biz Bans 'Punitive' In $465M Civil Fraud Appeal

    Donald Trump, his adult sons, his companies and former officers moved to appeal the $464.6 million civil fraud judgment handed down by a New York state judge earlier this month, accusing the judge of overstepping his authority and issuing "punitive" relief.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage

    A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 22, 2024

    Wildlife Group Sinks USDA Agricultural Wetlands Rule

    A D.C. federal judge on Thursday ruled that the U.S. Department of Agriculture inappropriately altered its program designed to stop the development of wetlands on farmland and struck down those regulations.

  • February 22, 2024

    Coldwell Banker Wins Trade Secrets Fight On Directed Verdict

    A California state judge issued a directed verdict for Coldwell Banker's Orange County division in a case where a rival real estate company accused it of poaching employees and stealing trade secrets.

  • February 22, 2024

    Ex-HFZ Capital Chief Denies $86M Real Estate Fraud Charges

    The former head of troubled real estate firm HFZ Capital Group has pled not guilty in New York state court to dozens of criminal charges alleging he spearheaded a series of theft and tax fraud schemes that netted more than $86 million in total.

  • February 22, 2024

    3 Firms Steer Stonepeak's $3B Wind Farm Stake Deal

    Stonepeak plans to buy a 50% noncontrolling stake in Dominion Energy's Coastal Virginia Offshore Wind project for $3 billion and split construction costs with the electricity giant in a deal powered by three law firms, the companies announced.

  • February 21, 2024

    Justices Urged To Turn Away $285M Panama Canal Award Suit

    The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.

  • February 21, 2024

    Biogas Investment Tax Credit Still Needs Tweaks, IRS Told

    While the IRS clarified that the clean energy investment tax credit would cover eligible upgrading equipment integral to biogas properties, the industry could get a boost if final rules allow separate ownership of the equipment, stakeholders told the agency Wednesday.

  • February 21, 2024

    Green Groups Press FERC To Rescind Tenn. Pipeline Approval

    Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.

  • February 20, 2024

    Fond Du Lac Tribe Seeks Sanctions In Mining Land Suit

    The Fond du Lac Band of Lake Superior Chippewa Indians has asked a Minnesota federal judge to sanction PolyMet Mining Inc. in the tribe's suit over a land swap for a copper and nickel mine, arguing that the company and its lawyers are obstructing the discovery process.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    Landlord Bias Can Be Eviction Defense, Colo. Justices Say

    The Colorado Supreme Court ruled Tuesday that tenants facing eviction can raise allegations of a landlord's discrimination or retaliation as a defense, directing a trial court to take another look at the case of a woman who accused her landlord of trying to boot her because she refused to have sex with him.

  • February 20, 2024

    New Yorker Writer Pans Subpoena Over Adams' Ties To Pastor

    A writer for The New Yorker said that being forced to testify about an indicted Brooklyn pastor's ties to Mayor Eric Adams would step on journalistic privilege, arguing that Manhattan federal prosecutors could instead rely on other sources.

  • February 20, 2024

    IRS Issues Fix For Tax Treatment Of Gas Upgrading Equipment

    The Internal Revenue Service issued a correction clarifying the tax treatment of certain gas upgrading equipment under proposed rules related to the energy credit.

  • February 20, 2024

    Justices Won't Review Partnership's $26M Easement Row

    The U.S. Supreme Court declined Tuesday to hear a partnership's bid to keep a $26.5 million deduction for a land conservation easement, letting stand a decision that the case was barred by a law that prohibits suits that restrain the collection of taxes.

  • February 16, 2024

    Florida Loses Wetland Permitting Authority In D.C. Court Case

    A D.C. judge has stripped Florida of its federally delegated authority to permit wetlands development, ruling that U.S. environmental regulators failed to analyze the impact of their decision on endangered and threatened species and handing a victory to conservation groups challenging the program.

  • February 16, 2024

    Gov't Wants More Alaskan Native Reps On Subsistence Board

    The U.S. government has plans to strengthen Alaskan Native tribal representation on its Federal Subsistence Board, saying the U.S. Department of the Interior and the U.S. Department of Agriculture have proposed a new rule to add board members with personal experience of subsistence living in rural Alaska.

Expert Analysis

  • Ambiguity In 'Buy America' Implementation May Slow Projects

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    The White House Office of Management and Budget's most recent guidance, which builds on a complex patchwork of Buy America restrictions that vary by federal agency, would perpetuate government contractors' uncertainty regarding product and material classification and could delay infrastructure projects, say attorneys at Miles & Stockbridge.

  • La. Suit Could Set New Enviro Justice Litigation Paradigm

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    Inclusive Louisiana v. St. James Parish, a lawsuit filed recently in Louisiana federal court that makes wide-ranging and novel constitutional and statutory claims of environmental racism based on centuries of local history, could become a new template for environmental justice litigation against governments and businesses, say attorneys at King & Spalding.

  • It's Time For Lawyers To Stand Up For Climate Justice

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    The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • The Legal Consequences Of High PFAS Background Levels

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    As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

  • IRS Green Energy Tax Credit Notice Provides Needed Clarity

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    Recent IRS guidance clarifying how the government will determine energy community locations for purposes of bonus clean energy tax credits should help resolve risk allocation disagreements among financing parties and parties to merger and acquisition transactions, say Casey August and Paul Gordon at Morgan Lewis.

  • How State Laws Are Taking On Clean Energy Project Protests

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    By enacting legislation that streamlines siting and permitting for large-scale renewable energy infrastructure projects, states like Illinois, New York and California are keeping approval processes out of the reach of "not in my backyard" opponents and increasing the probability of meeting ambitious climate goals, says Bo Mahr at Husch Blackwell.

  • Practical Skills Young Attorneys Must Master To Be Happier

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    For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.

  • Evaluating The Legal Standing Of Natural Elements

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    Wednesday's observance of World Water Day invites questions about anthropocentric or ecocentric approaches to the rights of natural elements as thinking shifts about the legal standing of such resources, say Susan Lutzker at Lutzker & Lutzker and Thomas Wallentin at Kunz Wallentin.

  • ABA Opinion Should Help Clarify Which Ethics Rules Apply

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    A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.

  • How Crypto-Friendly Bank Failures Will Change Tech Industry

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    The recent failures of Silicon Valley Bank, Signature Bank and Silvergate Capital are likely to result in significant shifts in how the global tech industry and its financial partners address legal, compliance, regulatory and business risks, says Erin Bryan at Dorsey & Whitney.

  • 4 Ways To Reboot Your Firm's Stalled Diversity Program

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    Law firms that have failed to see real progress despite years of diversity initiatives can move forward by committing to tackle four often-taboo obstacles that hinder diversity, equity and inclusion efforts, says Steph Maher at Jaffe.

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