In PATH Act Changes to FIRPTA, Pillsbury attorneys Brian Wainwright and Bob Logan discuss important changes to the U.S. federal income tax treatment of U.S. real estate investments by non-U.S. persons under the Foreign Investment in Real Property Tax Act of 1980. Additional Source: Protecting Americans from Tax Hikes Act of 2015…
In an insurance case attracting the attention of many insurance companies, Century Indemnity Company v. Marine Group, LLP, et al., a U.S. Magistrate Judge with the U.S. District Court for the District of Oregon (Portland Division), in its opinion and order on Marine Group’s motion for clarification and reconsideration, held that…
Citizens Suits have played an important role in the enforcement of both the Clean Water Act (CWA) and the Clean Air Act (CAA), and all permittees of wastewater discharge permits and air quality permits should be aware of the significance of these Congressionally-approved remedies. While they have broad application to many…
The U.S. Court of Appeals for the Third Circuit, in Group Against Smog and Pollution v. Shenango, Incorporated, affirmed the dismissal of a Clean Air Act (CAA) Citizen Suit where state regulators were engaging in an ongoing action against Shenango when GASP’s complaint was filed, and where the federal court had retained…
In Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire, Pillsbury attorneys Joseph Jean and Alexander Hardiman discuss how to maximize insurance recovery when a fire damages or destroys mixed-used hotel, retail, and apartment high-rises, as happened on New Year’s Eve at the Address Downtown Hotel in Dubai and…
In United States v. Tonawanda Coke Corp., the U.S. Court of Appeals for the Second Circuit, in an unpublished opinion released on January 11, 2016, rejected Tonawanda’s appeal of the lower court’s judgment adjudicating it guilty of criminal offenses under the Clean Air Act (CAA) and Resource Conservation and Recovery…
In FinCEN Targets “All Cash” Real Estate Deals in Manhattan and Miami, my colleagues Carolina Fornos, Maria Galeno, Mark Hellerer, Caroline Harcourt, and I discuss the federal Financial Crimes Enforcement Network’s (FinCEN) first Geographic Targeting Orders (GTOs) of 2016 issued on January 13. The GTOs are directed exclusively at U.S.…
In the home stretch for 2015, Courts across the nation issued environmental decisions of note: U.S. Supreme Court Oral argument in the case of FERC v. Electric Power Supply Association was held in October of 2015, and a decision may be announced shortly. The controversy involves complex provisions in the Federal…
On December 29, 2105, the Pennsylvania Supreme Court issued a ruling that may be of considerable interest to oil and gas operators in Pennsylvania. In EQT Production Company v. Department of Environmental Protection of the Commonwealth of Pennsylvania, the Court considered the “whether a company threatened by an administrative agency with…
A Wisconsin District Court, in Mary Haley, et al. v. Kolbe & Kolbe Millwork Co. Inc., No. 14-cv-99-bbc, recently denied a motion to certify a proposed nationwide class action of plaintiffs alleging their windows are defective. They claim breach of express and implied warranties under state law relating to allegedly defective windows installed…