This is a selection of significant environmental and regulatory law cases decided by the federal courts after the Supreme Court’s 2021 Term concluded.
This week’s round-up features the intersection of real estate and energy efficiency, including state efforts surrounding clean energy legislation, Inflation Reduction Act tax credits, hotel & hospitality sectors creating sustainable initiatives to reduce carbon emissions, and more.
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Under the Corporate Transparency Act, certain corporations and limited liability companies will be required to report the beneficial owners of the entity to FinCEN, and those forming such entities will need to provide certain information as well. Entities organized solely to hold real property are currently not exempt under the rules. The related regulations were released in late 2021 and were only proposed regulations, so guidance to date is still potentially in flux, but are expected to go into effect in the foreseeable future.
The Supreme Court rejected EPA’s Obama-era Clean Power Plan in a decision that has significant implications both for future attempts by EPA to regulate CO2 emissions and for other agencies attempting to promulgate rules that implicate “major questions.” In “Supreme Court Issues Opinion in West Virginia v. EPA” Anne Idsal Austin, Shelby L. Dyl, Sheila McCafferty Harvey discuss the impact the decision will have on environmental policy.
Jamie Bobotek, Pillsbury partner, will be moderating during the “Redefining Live-Work-Play: A National Landing Development Outlook” panel at Bisnow’s National Landing Update: NoVa’s Newest Live, Work, Play Destination event on March 22. For more information and to register, please visit the event page.
For the OECD Nuclear Energy Agency‘s recently released Principles and Practice of International Nuclear Law, Pillsbury partner William E. Fork has joined with Akos Frank (NKT) to provide a lawyer’s view of nuclear project development in Chapter 6: Nuclear Trade and Project Development discussing new builds, project development and construction.
The Biden Administration announces the Building Performance Standards Coalition, commercial real estate sales in the metaverse topped $500 million in 2021, the New York eviction ban expires, and more. Continue Reading ›
With 2021 now behind us, we wanted to share our top five most-read articles of 2021 from Gravel2Gavel. The most-read blog posts covered real estate and construction industry trends ranging from Proptech, smart construction, COVID-eviction moratoriums, and blockchain tokenization.
Throughout the year, G2G posts provided deep industry insight and summarized hot topics addressing the legal implications and disruptions that affected the market, and we will continue to expand on these insights in 2022. Our 2021 roundup:
- Blockchain Innovations and Real Estate: NFTs, DeFis and dApps by Craig A. de Ridder
- Washington, DC’s COVID-19 Eviction Moratorium Expires by Amanda G. Halter and Adam J. Weaver
- Operating an Adult-Use Cannabis Business in New York: Licensing and Considerations for Landlords and Tenants by Caroline A. Harcourt, Brian H. Montgomery, and Adam J. Weaver
- Smart Construction and the Future of the Construction Industry by Caroline A. Harcourt, James W. McPhillips and Adam J. Weaver
- Smart Technology in Commercial Real Estate by James W. McPhillips and Rachel Newell
Anne Austin recently joined Industry Insights host Joel Simon to discuss the key considerations and drivers of the Biden administration’s major regulatory initiatives.
Our guest today is Anne Idsal Austin, a nationally recognized environmental lawyer who has held several high-profile federal and state regulatory roles. As a partner who recently joined Pillsbury’s environmental and natural resources practice, she provides strategic consulting and policy advice, helping clients navigate the dynamic regulatory and legal waters in an era of energy transition, decarbonization and an emphasis on ESG principles. Prior to joining Pillsbury, Anne was the Principal Deputy Assistant Administrator for the U.S. Environmental Protection Agency’s Office of Air and Radiation, known as OAR or OAR, where she had primary oversight over United States clean air policy and regulation. Prior to that, she served as the EPA regional administrator for Region 6, overseeing all federal environmental programs in Texas, Louisiana, New Mexico, Oklahoma and Arkansas. Prior to joining EPA, Anne held several positions where she shaped environmental and energy policy at the highest levels of government in the state of Texas. Welcome to our podcast, Anne.
Anne Austin: Thanks so much. It’s great to be here today, Joel.
In July, several U.S. Senators introduced the Revitalizing Downtowns Act to Congress. In our previous post, we discuss how the bill is modeled after the federal historic rehabilitation tax credit, would provide a federal tax credit equal to 20 percent of “qualified conversion expenditures” with respect to a “qualified converted building.
As the pandemic continues, many office buildings may remain vacant and unused, leaving downtowns with fewer opportunities for investment and revenue generation. One potential impact of the bill would be the increased investment in affordable housing. With many cities large and small struggling to provide enough affordable housing, the act would create an opportunity to develop vacant buildings into much needed affordable housing developments.
In addition to creating jobs, the creation of affordable housing has the potential to slow down the gentrification affecting many large cities, said former U.S. Congressman Lacy Clay, now a Senior Policy Advisor at Pillsbury.
Read more here.