Expert Analysis

• EPA Focus On Lead Could Heighten Private Litigation Risk

  

  As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

• Ruling Affirms Drillers' Right To Choose Methods In Colo.

  

  In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

• NYC Sidewalk Obligations Must Go Beyond Construction

  

  New York City's recently announced Get Sheds Down plan will bring sweeping changes to regulation of the scaffolding and construction sheds looming over sidewalks — but it cannot stop there, says Michael Pollack at Yeshiva University's Cardozo School of Law.

• 5 Quick Takeaways From Feds' New Bank Capital Proposals

  

  The federal banking agencies' recent proposed rulemaking on capital requirements is the culmination of a holistic review of U.S. capital standards initiated by the Federal Reserve, and at over 1,000 pages, the proposal will take some time to fully digest, but there are a few items that can be immediately highlighted, say attorneys at Simpson Thacher.

• Contract Disputes Recap: Timeliness, Evidence, Fact-Finding

  

  Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.

• The Importance Of Sustainable, Resilient Construction Design

  

  Due to the significant role that the construction industry plays in climate change, industry participants must understand the concepts of sustainable and resilient design practices, as well as the risks associated with implementing or foregoing these practices, say Daniel Brennan and Marissa Downs at Laurie & Brennan.

• Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits

  

  In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.

• The Supreme Court Is At War With Itself On Extraterritoriality

  

  The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

• C-PACE Laws Offer Boost For Sustainable Development

  

  As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.

• RICO Ruling Makes US More Attractive Foreign Creditor Forum

  

  The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.

• IRS Guidance Powers Up Energy Tax Credit Transfers

  

  Recent IRS guidance on the monetization of energy tax credits provides sufficient clarity for parties to start negotiating transfer agreements, but it is unclear when the registration process required for credits to change hands will be up and running, say attorneys at Shearman.

• LA's High-Value Real Estate Transfer Tax Should Be Scrapped

  

  Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.

• Sackett's US Waters Redefinition Is A Boon For Developers

  

  The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.