On June 5, the U.S. Court of Appeals for the Seventh Circuit decided the case of Highway J Citizens Group, et al., v. U. S. Department of Transportation. The Seventh Circuit affirmed the District Court’s oral ruling that the Wisconsin highway renovation project was subject to the U. S. Department of…
Gravel2Gavel Construction & Real Estate Law Blog
Seventh Circuit Confirms District Court Doesn’t Have Jurisdiction
On June 4, the U.S. Court of Appeals for the Seventh Circuit decided the case of John Crane, Inc., v. Shein Law Center, LTD and Benjamin Shein, et al., and affirmed the lower court’s ruling in favor of the defendants. The plaintiff filed a lawsuit in the U.S. District Court…
State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act
On June 1, the U.S. Court of Appeals for the Fifth Circuit decided the case of State of Texas v. U.S., et al. The Court of Appeals held that the petition for mandamus filed by the State of Texas essentially seeking to compel the Nuclear Regulatory Commission (NRC) to establish a…
NY Law Reviving Time-Barred Claims Not Unconstitutional
On June 6, the U.S. Court of Appeals for the Second Circuit held, in the matter of In re: World Trade Center Lower Manhattan Disaster Site Litigation, that the District Court’s decision to dismiss, as being time-barred, many claims alleging tort and labor law claims arising from the plaintiffs’ participation…
“Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn
On June 1, the U.S. Court of Appeals for the First Circuit decided the case of Potvin v. Speedway, Inc., a personal injury case subject to the laws of Massachusetts. In Massachusetts, environmental rules require the installation of “positive limiting barriers” at gasoline service stations to contain gasoline spills of up…
With Liberty and Cannabis for All
Legalized cannabis use is rapidly sweeping the nation. Currently, 29 states have legalized some form of cannabis, effectively turning the majority of the United States green. In this post, we will take a closer look at some of these green states and discuss cannabis real estate trends across both state…
Colorado Supreme Court Interprets TABOR, Holding City’s “Waste Reduction Fee” is Not a Tax
Municipalities wield considerable power over local businesses as a recent Colorado Supreme Court decision demonstrates.On May 21, the Colorado Supreme Court decided the case of Colorado Union of Taxpayers Foundation v. City of Aspen. The Court held, in a 4 to 3 ruling, that a City of Aspen ordinance imposing…
New Federal Register Notices (May 30, 2018)
The following notices were published yesterday: 1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of energy infrastructure in the face of emergencies. EEI asked that FERC reconsider the rules it promulgated in November…
Fifth Circuit Upholds Dismissal of Complaint for Actions and Inactions of City of Houston
On May 22, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished ruling, affirmed the District Court’s dismissal of a complaint that the actions and inactions of a City of Houston tax reinvestment zone, as well as the City of Houston, resulted in multiple serious flooding incidents that damaged…
Experts Discuss Technological, Logistical and Regulatory Factors Affecting Energy Storage Growth
At the Deutsche Bank/Pillsbury Energy Storage Forum, held in New York on March 14, our colleague Rob James discussed battery technologies and the forces driving an increase in energy storage investment and innovation. Click here to download the presentation or watch the video.