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Expert Analysis

• 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.

• Superfund Ruling May Increase Landowners' Cleanup Liability

  

  The U.S. Supreme Court's ruling in Atlantic Richfield v. Christian featured an expansive interpretation of property owners' liability for hazardous substances that come to be located on their land, and will have far-reaching implications for those whose property has been contaminated by offsite sources, say attorneys at Haynes and Boone.

• Remote Notarization Is A New Virtual Frontier For Mass.

  

  Massachusetts' new law allowing for online execution of notarized documents leaves several unanswered questions regarding its requirement for all participating parties to be located within the state, potentially setting up for future litigation, says Katie Von Kohorn at Casner & Edwards.

• How To Assess Accounting Materiality Amid Economic Crisis

  

  Companies weathering the economic fallout of COVID-19 should consider three data-driven quantitative methods to help evaluate accounting materiality claims, particularly in cases where traditional factors fail to establish whether an error was material, and where data exists on comparable revision versus restatement decisions, say consultants at The Brattle Group.

• COVID-19, Eminent Domain And Determining Compensation

  

  Paul Kiernan at Holland & Knight discusses how to determine whether a government action taken in response to the pandemic that causes a property owner's loss can be characterized as an exercise of police power, or an exercise of eminent domain that would require compensation from the government.