More Real Estate Coverage

  • March 05, 2024

    DC Circ. Leery Of Challenges To Nuke Waste Storage Site

    A D.C. Circuit panel on Tuesday didn't appear convinced by challenges to the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.

  • March 05, 2024

    8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge

    The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    5th Circ. Says $100M Royalties Row Belongs In Fed. Court

    The Fifth Circuit has vacated a Texas federal court's remand of a $100 million suit in which a proposed class of mostly Texas property owners is accusing Devon Energy Production Co. of underpaying oil and gas royalties, ruling that the Class Action Fairness Act's "local controversy" exception does not apply.

  • March 04, 2024

    Sullivan & Cromwell-Led United Rentals Paying $1.1B For Yak

    Sullivan & Cromwell LLP is representing equipment rental giant United Rentals in a new agreement to buy the Yak roadway matting business from Morgan Lewis-guided Platinum Equity for $1.1 billion, United said in a statement Monday. 

  • March 01, 2024

    Wash. Judge Doubts Public Was Shut Out Of Shelter Plan

    A Washington state appellate judge on Friday asked opponents of a plan to turn a hotel near Seattle into a shelter for homeless people why a pair of community meetings weren't enough to meet King County's obligation to listen to public feedback. 

  • March 01, 2024

    Enviro Group Loses Challenge To NJ Wind Farm Plan

    A New Jersey federal judge has tossed a challenge by a Garden State advocacy group and its founder to two offshore wind projects, including Orsted A/S' now-scrapped plan, ruling that the group failed to show how it is actually injured.

  • March 01, 2024

    Conn. AG Tells Lawmakers To Ban MV Realty's 'Scam Deals'

    Connecticut's attorney general urged state lawmakers to protect vulnerable homeowners by passing legislation banning a business model used by MV Realty to rack up thousands in junk fees on people who sign their 40-year exclusive listing agreements.

  • February 29, 2024

    Veil Shouldn't Be Pierced To Decode Contracts, Panel Says

    The doctrine of piercing the corporate veil shouldn't be used to interpret disputed contract terms, a split Colorado appellate panel ruled Thursday, reversing a trial court's award of more than $600,000 in a real estate fight between two longtime friends.

  • February 29, 2024

    STB, CSX Tell Justices To Reject Norfolk Southern Appeal

    Norfolk Southern Railway Co. has taken its contentious battle to have itself declared immune to a rival's antitrust suit to the U.S. Supreme Court, but the competitor that's suing it and the regulator who declared it not exempt are both asking the justices to leave well enough alone.

  • February 29, 2024

    Munck Wilson Adds IP Lawyer From Wood Smith

    A former Wood Smith Henning & Berman LLP attorney has made the move to Munck Wilson Mandala LLP in Los Angeles, bringing with her a history of working on intellectual property litigation and other commercial matters.

  • February 28, 2024

    Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case

    A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.

  • February 28, 2024

    NY Judge In Trump Case Receives Suspicious White Powder

    A suspicious white powder spilled out of an envelope addressed to the judge who ruled against Donald Trump in his New York civil fraud case, prompting emergency personnel to flood the courthouse at 60 Centre St. in Manhattan on Wednesday.

  • February 27, 2024

    Mohawk Nation Rejects 1796 Land Agreement, Court Told

    The Mohawk Nation says it has numerous outstanding issues regarding a proposed settlement with the state of New York over 2,000 acres of land stemming from a 1796 treaty, arguing that its concerns have yet to be addressed or considered relevant by the court or its present counsel as negotiations continue.

  • February 27, 2024

    CARES Act Not For Violent Tenants, Court Says, Creating Split

    A Washington appellate panel said Monday that the CARES Act eviction notice only applies to tenants who are late on rent, not when landlords want to quickly oust violent tenants, in an opinion that differs from a recent ruling from another state appellate panel.

  • February 27, 2024

    PacifiCorp Faces $50M Ask In Latest Wildfire Trial

    Nine Oregonians and a summer camp for the disabled went to trial Tuesday in state court against PacifiCorp, asking a Portland jury to award at least $50 million after a cluster of 2020 wildfires left them with "nowhere to go, but nowhere to return to."

  • February 27, 2024

    Wash. Judge Asks If COVID 'Fire Sale' Should Impact Tax Plan

    A Seattle city attorney asked a Washington state appeals court on Tuesday to let the city keep a $160 million special property tax in place to fund waterfront improvements, as one judge questioned during oral arguments whether diminished property values post-pandemic should make the city recalculate the tax.

  • 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.

Expert Analysis

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

    Author Photo

    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

    Author Photo

    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?

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Level Up Lawyers' Business Development With Gamification

    Author Photo

    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • C-PACE Laws Offer Boost For Sustainable Development

    Author Photo

    As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.

Can't find the article you're looking for? Click here to search the Real Estate Authority Other archive.