Newsletters

11.06.23

Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the broker commission costs for residential home sales. 


06.16.23

Clean Energy Incentives: IRS Guidance on Direct Payments and Credit Transfers under the IRA

The Inflation Reduction Act of 2022 (IRA) established an array of tax incentives for investments in clean energy projects. It also created two new methods for monetizing some of these incentives.


06.01.23

California Senate Approves Greenhouse Gas Disclosure; SEC Remains Conspicuously Silent

The California Senate passed two bills that would require climate-related disclosures from specified companies doing business in California.


06.01.23

Carbon Capture and Sequestration—“Essential,” but Too Little, Too Late?

Carbon dioxide removal (CDR), including carbon capture and sequestration, was once derided as little more than a corporate ploy to prolong reliance on fossil fuels.


03.16.23

Real Estate Guidance For Construction Loans in FDIC Receivership

Real estate developers may be wondering what to expect for upcoming draws of construction loans or credit lines to fund real estate development if the FDIC places their lender into receivership.


10.03.22

SCOTUS on WOTUS: Sackett Court Signals No "Major Question" and "Significant Nexus" Likely Gone

The U.S. Supreme Court appears poised to replace the "significant nexus" test for whether a wetland is jurisdictional under the federal Clean Water Act, focusing instead on a long-standing and equally long-debated statutory qualifier of "adjacency."


03.16.22

CEQA to Project Proponents: ‘Why Can’t You Do Solar?’

A mammoth case out of Lake Tahoe affirms a new environmental review obligation for project proponents: Why can’t you do solar?


01.26.22

Just as EPA Was Fixing Wetlands Rules, Along Come the Sacketts . . . Again

The Idaho family that upended the Obama administration’s wetlands regime in the Supreme Court is back, much to the dismay of the Biden administration.


03.31.21

Sixth Circuit Holds CDC’s Eviction Moratorium Likely Ultra Vires and Unenforceable

The Sixth Circuit Court of Appeals held earlier this week that the CDC is unlikely to prevail on the merits and therefore a ruling from the Western District of Tennessee holding that the federal eviction moratorium “is ultravires; and is unenforceable in the Western District of ...


11.12.20

Curious About the Biden/Harris Environmental Regulatory Agenda? Look No Further Than California

With the 2020 election now called, though yet to be conceded, questions abound as to what the environmental regulatory landscape may look like under a Biden/Harris administration.