Posted

graphic, light blue scales on darker blue

February saw the usual array of significant environmental decisions and federal regulatory notices.

THE FEDERAL COURTS

U.S. Court of Appeals for the District of Columbia

Luminant Generation v. EPA
The court will be grappling with a difficult venue case governed by the Clean Air Act (42 USC Section 7607(b)). In 2013, the U.S. Court of Appeals for the Fifth Circuit decided the case of Luminant Generation v. EPA (714 F. 3d 841), in which the court upheld the affirmative defenses that were made part of the Texas State Implementation Plan (SIP) and which applied to certain unpermitted emissions from regulated sources during periods of startup, shutdown or malfunction. These defenses were challenged in the Fifth Circuit and were rejected. On the national stage, EPA has been involved in litigation over these affirmative defenses and recently excluded from a “SIP Call” the Texas program, which was carved out. This EPA decision is being challenged in the DC Circuit (see Case number 20-1115),with the State of Texas arguing as an intervenor that any issues involving Texas belong in the Fifth Circuit, and not in the DC Circuit because the Act allows regional issues to be decided in the regional federal courts.

Continue reading

Posted

Covid-Commerical-Lease

Real Estate partner Christian Buerger and Insolvency & Restructuring partner Hugh McDonald discuss COVID’s impact on commercial leases and an overview of the bankruptcy process the latest Swimming Lessons Series presentation.

Posted

Kitchen with smart home icons overlaid“Hey Siri…” “Alexa…” “Okay Google…” These are just some of the buzzwords and phrases that have entered day-to-day vocabulary as a result of the explosion of smart technology. Internet of Things (IoT) devices are in our cars, in our workplaces and on our bodies. But nowhere is smart technology more prevalent than in our homes. The array of services that are available coupled with the growing number of companies and service providers eager to innovate, should only grow this technology’s market share in the coming years.

Continue reading

Posted

Industry_Podcast_cover-update-final-bottom

In episode #26 of Industry Insights podcast, Steve Hamilton joins host Joel Simon to discuss certain segments of the real estate market and related financing that remained robust in the midst of the pandemic.

Continue reading

Posted

Over the past year, our attorneys have explored numerous insolvency topics affecting real estate. Together, the alerts in this series tackle many facets (and potential applications) of the Bankruptcy Code as potential balm and bane for owners, landlords and lenders trying to navigate a landscape made exponentially more treacherous by COVID-19 in Insolvency Issues, Real Estate and COVID-19.

Posted

The control and beneficial ownership of real estate in the U.S. has been relatively easy to conceal. Christian A. BuergerDavid L. Miller, and Andrew J. Weiner discuss how this disclosure regime is about the change dramatically in “What New Corporate Disclosures Mean For Real Estate.”

Posted

Pillsbury partner Breann Robowski will present during ABA/IPT’s 2021 Advanced Property Tax Seminar on March 18. Breann will present on the topic, “Valuing the Fee Simple Interest for Tax Purposes in Situations Not Involving ‘Dark Stores.’” For more information and to register, please click here.

Posted

Although the Small Business Administration has not yet opened the program to grant applicants, the agency recently released a series of FAQs that address certain definitions and eligibility criteria for prospective grantees. Alexander B. GinsbergDavid L. Miller, and Toni Suh provide insights on the updated Frequently Asked Questions (FAQs) for the Shuttered Venue Operators Grant (Grant) Program published by the SBA in the recent alert Updates on Shuttered Venue Operators Grant Program.

 

 

Posted

Land surveyor construction siteThe “Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys” is a document jointly promulgated by the American Land Title Association (ALTA), representing the title insurance industry, and the National Society of Professional Surveyors (NSPS), representing professional land surveyors, which describes the uniform minimum standards with which surveyors must comply when preparing a survey to be used by a title insurance company for the purpose of deleting the general survey exception from ALTA title policy forms. The first such set of standards was developed in 1962 and has since been revised 10 times. The standards are currently updated every five years and are relied on by real estate professionals, including purchasers, lenders, title insurers and their attorneys, nationwide. In October 2020, a joint committee comprising representatives of both ALTA and NSPS adopted the “2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys,” which will become effective on February 23, 2021. The significant changes between the 2021 standards and the previous 2016 standards are summarized below.

Continue reading

Contact Information