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Gravel2Gavel Construction & Real Estate Law Blog

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Washington, DC’s COVID-19 Eviction Moratorium Expires

Throughout the COVID-19 pandemic, federal and local governments have adopted varying moratoria on evictions, enacted as emergency legislative protections for tenants facing eviction. The federal moratorium on eviction, promulgated by the Centers for Disease Control and Prevention (CDC), is set to expire on July 31. While the Supreme Court recently…

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Proposed Cyber Incident Notification Act of 2021 and the Real Estate Industry

On July 21, 2021, a group of bipartisan Senators formally introduced the Cyber Incident Notification Act of 2021. This legislation, if passed, would require nearly all federal contractors and subcontractors (at all tiers) to report actual and potential cybersecurity intrusions to the Department of Homeland Security within 24 hours. Unlike…

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Presidential Executive Order 14008: The Climate Crisis Order

Presidential Executive Order 14008, “Tackling the Climate Crisis,” a long and unusually detailed Executive Order published in the Federal Register on February 1, 2021 (see 86 FR 7619), has generated considerable discussion and commentary. Below, I briefly outline its provisions. This EO describes the “climate crisis” in existential terms: “There…

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Property Insurance Considerations for Cannabis Delivery Services

The legal cannabis industry in the U.S. is growing at an unprecedented rate and is projected to reach $73.6 billion by 2027. While federal law still classifies marijuana as a Schedule I drug, many states have legalized both medical and recreational marijuana. As state restrictions ease, new business opportunities continue to…

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In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases. Texas v. New Mexico On December 14, 2020, the Court issued its ruling in an Original Action. Water is precious in…

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Supreme Court Declines to Address CDC Eviction Moratorium

In a closely watched 5-4 decision, the U.S. Supreme Court sided against the challengers to the eviction moratorium issued by the Centers for Disease Control and Prevention (CDC), keeping a stay in place that leaves the eviction ban in effect through July 31. The CDC has indicated it will not…

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The Risks and Rewards of Sustainable Building Design

The shift towards a “greener” environment has resulted in cities and states implementing electrification mandates, which will have a major impact on both current and future building design. Currently, most commercial and residential end users are already all-electric. However, there are some exceptions, such as space and water heating, that…

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A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA

This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT Pakdel v. City and County of San Francisco On June 28, 2021, the Supreme Court decided this regulatory “takings” case, and, in a Per Curium opinion, reversed the Ninth Circuit’s…

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A Court-Side Seat: SCOTUS Clarifies Alien Tort Statute and WOTUS Is Revisited

What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT Nestle USA, Inc. et al. v. Doe, et al. The Supreme Court has decided another important case interpreting the Alien Tort Statute. Released on June 17, 2021,…