Balancing the interests of the Federal Government as owner of thousands of acres surrounding Crooked Lake and private owners’ rights, on July 26, in a 2 to 1 ruling, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. Forest Service exceeded its authority when issuing rules…
Gravel2Gavel Construction & Real Estate Law Blog
R-E-C-I-P-R-O-C-I-T-Y ~ Find Out What It Means To You (Updated July 2017)
UPDATED JULY 2017: What a difference a few years make. This blog was originally published in 2014. We have updated the links to the various resources made available by the state licensing agencies regarding whether reciprocity is available or not and, in some cases, the application for reciprocity. Is a licensed contractor…
Second Circuit Follows Viking Pump Methodology to Calculate Total Insurance Liability for Environmental Cleanup Efforts Spanning Years and Policies
On July 17, the U.S. Court of Appeals for the Second Circuit decided the case of Olin Corporation v. OneBeacon America Insurance Company, an environmental insurance recovery lawsuit. Olin Corporation has filed such lawsuits against several of its insurance carriers with respect to the contamination indemnification claims generated by Olin Corporation’s…
Data Center Trends in Construction and Real Estate
Data centers trigger visions of windowless, concrete boxes located at the periphery of suburban office parks. That perception may fade in the coming years. With new technologies, such as cloud computing, blockchain platforms, the Internet of Things, artificial intelligence, big data and mobile apps demanding instant access to data, the…
SCOTUS Update: Environmental and Administrative Law Cases Decided in 2017
The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a few can be described as bearing on environmental or administrative law.…
Texas Court of Appeals Confirms Power Generation Plants’ Eligibility for TCEQ Administered Tax Exemption
On July 11, the Texas Court of Appeals, Third District, at Austin, TX, decided the case of Freestone Power Generation, LLC, v. Texas Commission on Environmental Quality, et al., reversing the trial court’s ruling that eight Texas power companies were not entitled to certain property tax exemptions administered by the Texas Commission…
Third Circuit Rejects Oil Producers’ Security Interest Arguments In Midstream Provider’s Bankruptcy Proceeding
On July 19, the U.S. Court of Appeals for the Third Circuit decided an important case involving oil and gas producers, intermediaries, and the ultimate purchasers of the oil and gas. The case, a bankruptcy matter, is In re: SemCrude, LP, et al. The appellants, many oil and gas producers located in…
A Sudden Shift in the Transfer Tax World
The California Supreme Court’s recent Ardmore decision expanding the applicability of California’s Documentary Transfer Tax Act will no doubt be the source of future litigation. In their recent client alert, colleagues Craig A. Becker, Richard E. Nielsen, Breann E. Robowski and Dianne L. Sweeney examine the issue.
Offshore Wind Development Potentially Finds Smoother Sailing in Deeper Water
In a breakthrough for offshore wind energy in the United States, construction of the Block Island Wind Farm, the first U.S. offshore wind farm, was completed in August 2016 about 30 miles off the coast of Rhode Island. The project began delivering power to the New England grid on May…
Pennsylvania Supreme Court Holds that Fiscal Legislation Can be Invalidated When Inconsistent with Environmental Rights Amendment
In 1971, the citizens of Pennsylvania overwhelmingly approved a proposed amendment to the Commonwealth of Pennsylvania’s Constitution’s Declaration of Rights, now known as the “Environmental Rights Amendment” (ERA). The amendment provides: The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and…