Searching Content indexed under Real Estate and Construction by Foley Hoag LLP ordered by Published Date Descending.
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Who Needs A Carbon Tax When We Can Raise the Real Estate Excise Tax?
Though my friends in the real estate industry may not be happy, I think that this is a fine idea.
United States
24 Jan 2019
What Could The USDA's Bioengineered Food Disclosure Standard Mean For Food Labeling Litigation?
The symbol at right is one of the three candidate food labeling symbols indicating the presence of "bioengineered foods" being proposed ...
United States
3 Jul 2018
It's Better To Be The Plaintiff Than The Defendant In Massachusetts Superfund Cases
In the early days of Superfund, defense lawyers used to joke that all government lawyers had the same oral argument script. It was three sentences long.
United States
23 Jan 2018
CLF Takes Its MHP Fight Across The Fort Point Channel
In that suit, CLF alleged that the Secretary's decision approving the plan was arbitrary and capricious.
United States
21 Mar 2017
CLF Questions Secretary's Chapter 91 Discretion
Last week the Conservation Law Foundation (CLF) announced it has filed suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront District Municipal Harbor Plan.
United States
9 Mar 2017
MassDEP: The Rising Tide May Steal Your Development Rights
Through the Commonwealth's Chapter 91 program, MassDEP regulates what can be built over tidelands.
United States
30 Sep 2016
The Nation's Transportation Future Is Increasingly Local
There is no debate that the gridlock in Congress has impacted national transportation policy.
United States
16 Aug 2016
Value Capture – The Beginning Of The State-Local Transportation Match
Next week, Governor Baker's economic development bill will begin to emerge from the Legislature now that versions of his original bill have passed both branches of the legislature and are headed for a conference committee.
United States
22 Jul 2016
MassDEP And CZM Propose Changes To Chapter 91 Regulations
MassDEP and the Commonwealth's office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program.
United States
25 Apr 2016
The FAST Act Seeks To Streamline The Environmental Review Of Infrastructure Projects
On December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation (FAST) Act...
United States
1 Feb 2016
Coming Soon To A Project Near You: Advance Compensation
Earlier this month, the White House released a Presidential Memorandum on "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment."
United States
23 Nov 2015
Defamation And The Common Interest Privilege In The Construction Industry
Construction projects often involve a complex array of contractors, subcontractors, banks, bonding agents, architects, engineers and so on.
United States
7 Sep 2015
The Need For Expert Evidence To Make Out An Innocent Landowner Defense Under CERCLA
As every litigator knows, evidence almost always tells a story that is untidy and riddled with loose ends. This was illustrated by a recent innocent landowner case in California — Coppola v. Smith.
United States
3 Feb 2015
Tenant Who Sublets A Superfund Site Is Not Likely To Be A CERCLA Liable Party
It is generally the rule that a lessee who does not operate the property it rents will not be liable under CERCLA except in unusual circumstances.
United States
29 Oct 2014
CERCLA’s Broad Sweep Of Liability For Owners
Some decisions are valuable not because they make new law but because they reaffirm well known principles of law.
United States
23 Nov 2013
Brazil’s Belo Monte Move: Will National Development Banks Start Taking Human Rights And Environmental Concerns More Seriously?
The Brazilian national development bank announced its approval of a $10.8 billion loan to finance the construction of the Belo Monte dam, the world's third largest hydroelectric dam.
9 Jan 2013
CERCLA And Original Sin - Who Has To Pay For Other People's Contamination
In an environmental dispute between innocents involving a Church and a downgradient property owner, a federal court recently found the Church, was less innocent and should bear all the costs of the cleanup.
United States
3 Oct 2012
Wetlands Permitting In Massachusetts: When Is A Voluntary Waiver Not Voluntary?
The Massachusetts Wetlands Protection Act provides that local conservation commissions must issue a decision on a request for an "order of conditions" (what we in Massachusetts for some reason call our wetlands permits) within 21 days of the hearing on the application.
United States
25 Jul 2012
Does Energy Efficient Technology Make Buildings More Energy Efficient? The Answer May Not Be So Obvious
ClimateWire had a fascinating story on Monday about federal efforts to increase the energy efficiency of buildings, which are estimated to consume about 40% of our nation’s energy.
United States
3 Apr 2012
Sauce For The Goose? Home Builders Lose A Standing Battle
Developers have cheered in recent years as the Supreme Court has tightened its standing rules.
United States
15 Dec 2011
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