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Expert Analysis

• Trump Nationwide Permit Move Could Interrupt Pipeline Suit

  

  The Trump administration's proposal to revamp the nationwide permit program well ahead of schedule is clearly a response to recent litigation over the Keystone XL pipeline, and could moot those proceedings and force litigants to restart them, says Yvonne Hennessey at Barclay Damon.

• How Congress May Bail Out FERC On Tolling Orders

  

  The D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission deals a major blow to FERC's use of tolling orders to forestall judicial rehearings, but Congress may soon come to the agency's aid, say Sandra Rizzo and David Skillman at Arnold & Porter.

• Market Rebound May Curb Securities Class Actions, Damages

  

  The stock market's dramatic recovery from its pandemic-prompted plunge may provide securities class action defendants an opportunity to rely on the Private Securities Litigation Reform Act’s rarely invoked bounce-back provision to ward off stock-drop claims, or sharply limit available damages, say John Schreiber and John Tschirgi at Winston & Strawn.

• Unpredictable Wisconsin PFAS Regs Are Bad For Business

  

  As Wisconsin attempts to recover from the economic impact of the pandemic, uncertainties surrounding ramped-up regulatory efforts and costly cleanup of per- and poly-fluoroalkyl substances could slow real estate and business development and expansion in the state, says Delanie Breuer at Reinhart Boerner.

• Final IRS Rules On REIT Dividends Create Statutory Conflict

  

  The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

• Key Elements Of NY Agencies' Renewable Energy Plan: Part 2

  

  A proposal from two New York energy agencies that would significantly restructure the state's clean energy market could result in major impacts for load-serving entities and new economic opportunities for disadvantaged communities, says Kevin Blake of Phillips Lytle.

• Key Elements Of NY Agencies' Renewable Energy Plan: Part 1

  

  The framework for decarbonizing the power system set out in a new white paper from two New York energy agencies will require big changes to the state's Clean Energy Standard procurement structure, and could have major consequences for biofuels, hydropower and other energy sectors, says Kevin Blake at Phillips Lytle.

• Mass. Solar Incentive Restrictions Make Site Scrutiny Crucial

  

  In light of the Massachusetts Department of Energy Resources' recent rule changes restricting incentives for solar development on ecologically sensitive greenfield sites, landowners and solar developers should assess target properties carefully before building, say attorneys at Beveridge & Diamond.

• Mass. Court Deadline Tolling Will Cause Problems For Years

  

  While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

• FERC Rehearing Reg Poses New Challenges For Pipelines

  

  A recent Federal Energy Regulatory Commission regulation, precluding construction for previously approved pipelines until timely filed rehearing requests are addressed, may impose unnecessary delays on the construction of critical energy infrastructure already found to be in the public interest, say attorneys at Sheppard Mullin.

• Enviro Settlements Offer Solution To Growing Citizen Suit Risk

  

  Declining federal environmental enforcement may spur more lawsuits by citizens groups — making it more important than ever for companies to seek early resolutions through negotiated settlement framework agreements, say Heidi Friedman and Joel Eagle at Thompson Hine.

• 5th Circ.'s Windstorm Ruling Holds Silver Lining For Insureds

  

  Although the Fifth Circuit recently barred recovery in Pan Am Equities v. Lexington Insurance, its decision may be an overall win for policyholders by affirming that rain and flood damage can trigger windstorm coverage, says Tae Andrews at Miller Friel.

• Calif. Vapor Intrusion Guidance Promises More Consistency

  

  The draft guidance on vapor intrusion released recently by a group of California environmental agencies should help address confusion resulting from varying approaches to vapor investigation and remediation used by different state regulators, says Laurie Berger at Environmental General Counsel.