2020 has been an unprecedented year, and, while there are likely more twists and turns to come before December 31, it is essential to look at how the real estate markets have changed this year and which trends are likely to continue into 2021. The COVID-19 pandemic has impacted nearly…
Gravel2Gavel Construction & Real Estate Law Blog
A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu
In this summary of recent developments in environmental and regulatory law, venues are challenged, standing is upheld, statutory exemption is disputed and more. THE U.S. SUPREME COURT Change Must Come from Within … Maryland? As the new term begins, the Court has agreed to review BP PLC v. Mayor and…
The Energy Transition & Hydrogen
In episode 18 of Industry Insights podcast, host Joel Simon and Elina Teplinsky discuss the financial community’s response to the energy transition including the focus on novel technologies such as clean hydrogen, advanced nuclear reactors and carbon capture and storage. Joel Simon: With climate change and sustainability dominating the environmental landscape, there has…
Hotels & Hospitality: Opportunities, New Strategies and Future Transformation
In episode 17 of Industry Insights podcast, host Joel Simon and Christian Salaman discussed the changes the hotel and hospitality industry are undergoing. Joel Simon: Christian, you have a really great practice with an emphasis on two industries, one of which seems relatively insulated by the unusual circumstances we’re facing today…
Trump Administration Announces New Eviction Moratorium
With the financial impacts of the COVID-19 pandemic continuing to be felt by the American public, the Trump Administration has taken steps to try to allay a coming eviction crisis by enacting a moratorium on evictions through the end of 2020. With the first eviction moratorium instituted by the CARES…
No Vacatur, No Protection, No Deference and No Discretion: Important End-of-Summer Environmental Decisions
As the end of summer approaches, the courts have provided a potpourri of relevant environmental decisions. FEDERAL COURTS OF APPEAL Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection (MDEP) On August 31, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion revising the…
CMBS Disruptions in the Real Estate Market
The past few months saw, and continue to see, significant disruptions to the real estate market and the real estate finance market in particular. According to Trepp LLC, June saw the delinquency rate for commercial mortgage-backed security (CMBS) loans hit 10.32 percent, which is just shy of the peak delinquency…
A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken
The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL In re Flint Water Cases Several local and State of Michigan officials, including the former governor, requested dismissal from the civil litigation seeking damages for the massive failure of Flint,…
Because of Coronavirus-Related Market Turmoil, Court Finds UCC Foreclosure “Commercially Unreasonable”
A recent court decision in New York found that current market conditions in the real estate market justify delaying noticing mezzanine real estate foreclosures until October 15, 2020. In “Distressed Real Estate During COVID-19: Court Finds UCC Foreclosure “Commercially Unreasonable” Because of Coronavirus-Related Market Turmoil“, colleagues Caroline A. Harcourt, Patrick E.…
A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking
Some very interesting and fairly complex environmental law rulings have been released in the past few days. U.S. Supreme Court—Trump, et al. v. Sierra Club, et al. On July 31, 2020, in a 5-to-4 decision, the Supreme Court denied a motion to lift the stay entered by the Court a…