In the wake of the COVID-19 pandemic, states are beginning to pass new legislation designed to protect and reassure businesses facing unknown and significant liability risks. At this point, every state has begun some form of phased reopening following lengthy business shutdowns and stay-at-home orders. However, COVID-19 cases continue to…
Historically, “Act of God” was defined to encompass sickness, but the concept has evolved, and it is unclear whether, in the absence of an express reference to epidemics in a force majeure clause, courts will find COVID-19 to be an Act of God. In “Tour de Force: What Constitutes an…
A recent Executive Order by President Trump directs agencies to expedite reviews of infrastructure projects based on the emergency provisions of several key federal environmental laws. In “President’s Executive Order to Expedite Environmental Reviews of Infrastructure Pushes the Envelope on the Interpretation of Emergency Authorities,” colleagues Sheila McCafferty Harvey, Reza Zarghamee, Mona…
Co-head of Pillsbury’s Projects team, partner Robert A. James, authored the article “Oil Regulation 2020: United States,” in which he describes the key commercial aspects of the U.S. oil sector; national energy policies; major laws concerning production activities, reservoir ownership and mineral rights; environmental, health and safety regulations; and other…
Last week (June 1-7, 2020), the federal appellate courts released several important rulings. Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection On June 3, 2020, the U.S. Court of Appeals decided the case involving the Atlantic Bridge LNG pipeline project which received FERC ‘s approval in July…
As we approach the next phase of the COVID-19 pandemic, many states and cities around the country have proposed safety measures for construction projects during the pandemic. These guidelines range from a single page of suggestions to multipage requirements handed down by state public health officers. In “DC Real Estate…
The Fifth Circuit released three new decisions last Friday. On May 29, 2020. The US Court of Appeals for the Fifth Circuit released three opinions in environmental cases: Stratta, et al. v. Roe, Director of the Brazos Valley Groundwater District; Environmental Integrity Project, et al. v. EPA; and American Stewards…
From mask-wearing to physical separation to staggered schedules and crowding-related transit incentives, implementing the new CDC guidelines may reshape office life. In “Updated CDC Guidelines Impact Business Districts, Office Buildings and Their Tenants, and Users,” colleagues Caroline A. Harcourt, Shani Rivaux and Amanda G. Halter outline how these guidelines contemplate a…
On May 26, 2020, the U.S. Court of Appeals for the Ninth Circuit decided three significant environmental law cases. Two of these cases involved whether global warming tort cases could be brought in California state courts on, for example, a public nuisance claim, and whether the defendant energy companies had…
Until COVID-19 officially took hold in the U.S. in March of 2020, the U.S. real estate market was active, even robust. Starting in March, however, the possible scope of the pandemic and the sudden imposition of stay-at-home orders resulted in deal volume falling precipitously—with sales, leasing and lending transactions being…