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Presidential Decree on Construction and Infrastructure Projects in Azerbaijan

The President of the Republic of Azerbaijan has approved a Law On the Implementation of Special Financing for Investment Projects in Connection with Construction and Infrastructure Facilities, dated 15 March 2016. In...more

Supreme Court of South Carolina sides with MERS in Kubic v. MERSCORP Holdings, Inc.

On March 30 2016, the Supreme Court of South Carolina weighed in on the attempts of several South Carolina counties to make Mortgage Electronic Registrations Systems, Inc. (MERS), and its member banks pay for the correction...more

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

Miami-Dade County Takes P3 Reform Further After Florida Passes New P3 Legislation

After months in several Florida House and Senate committees, the State Legislature finally passed two related bills that were both signed by the Governor at the end of April. Importantly, the first bill, SB 124, establishes...more

Renewable Energy Projects Are Making Impacts in Several Ways – – Nationally and Worldwide

Renewable energy investments (primarily solar and wind generation) set a record in 2015 with a collective investment of $286 billion. This according to a report from the United Nations Environment Progamme. (Climate Central...more

U.S. P3 Market is Ripe for Growth

With an aging infrastructure and government budgetary shortfalls, the public private partnership (“P3”) has evolved from novel, to an ever more viable option in order to finance civic projects. The larger and more complex the...more

No Surprises in Recent Vested Rights Decision: Fry v. City of Los Angeles

The recent decision in Fry v. City of Los Angeles (California Second District Court of Appeal Case No. B259791, March 7, 2016) held, after careful parsing of the language in the City Charter and the applicable City...more

Tax Increment Finance (TIF) Update: HB 15-1348 Technical Corrections Bill Introduced

Last year’s HB 15-1348 created consternation among the lending community—and thus, in the private sector developer community—due to the uncertainty of whether and how the legislation could affect urban renewal plans and...more

The Supreme Court - March 2016 #4

The Supreme Court of the United States issued decisions in four cases on March 22, 2016: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146: Respondents, employees at a pork processing plant of petitioner Tyson Foods, filed a...more

EPA Investigates Alabama State Environmental Agency for Alleged Violation of Civil Rights Act

In an unprecedented action, the Environmental Protection Agency (EPA) is investigating the Alabama Department of Environmental Management (ADEM), one of its state counterparts, for alleged civil rights violations under Title...more

Assisting with Adaptive Reuse

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse...more

Decision Permits Rejection of Midstream Agreements in Bankruptcy

Decision establishes framework for future rulings that covenants in midstream agreements do not run with the land. On March 8, Judge Shelley C. Chapman of the US Bankruptcy Court for the Southern District of New York...more

U.S. Offshore Wind Seeks Critical Mass

Last week’s U.S. Offshore Wind Leadership Conference in Boston had the vibe of a technology sector ready to break out. Industry leaders, federal officials, and a panel of Massachusetts legislators extolled the economic...more

West Coast Real Estate Update: March 2016 #2

FDIC Clarifies "Abandoned Foreclosures" Guidelines - The Federal Deposit Insurance Corporation (FDIC) clarified on March 2, 2016, its existing guidelines with respect to the decision by any FDIC-supervised institution to...more

Corner Briefing: Grant and Loan Opportunities for Infill Projects

This is the first edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates will identify new legal cases, legislative updates, grant opportunities and other...more

IRS Releases Proposed Regulations Defining a “Political Subdivision” For Purposes of Determining Eligibility to Issue Tax-Exempt...

On February 22, 2016, the Internal Revenue Service (the “IRS”) released proposed treasury regulations (the “Proposed Regulations” ) to provide guidance as to how the IRS intends to prospectively define a “political...more

Overview of Real Estate in Morocco

Morocco is an increasingly favoured target for international investors looking to diversify real estate investment opportunities. In 2014, the real estate sector represented 38.6% of foreign international investment compared...more

Real Estate Bulletin, February 2016

The Nutter Real Estate and Finance Group ended 2015 with a series of closings representing buyers, sellers, borrowers and lenders in commercial real estate transactions totaling more than $1 billion in aggregate value in...more

Treasury Green Book Proposal — Consistency in Values

The Department of the Treasury has released the Treasury Green Book for Fiscal Year 2017, which provides explanations of the President’s budget proposals. One such proposal (remember…these are just proposals, not actual...more

IRS Releases New Proposed Political Subdivision Regulations

On February 22, 2016, the Internal Revenue Service (the “IRS”) published new proposed regulations (the “Proposed Regulations”) in the Federal Register providing guidance as to the definition of a “political subdivision” for...more

Effects on project finance loans of the new incentive replacing Green Certificates

The entry into force of Articles 19 and 30 of the Ministerial Decree 6 July 2012 (so-called FER Decree) with effect as from January 1, 2016, which replace the green certificates scheme with a new incentive, has an impact on...more

Momentum, funding and one voice

These are the requirements for the Northern Powerhouse if it is to achieve the so-called "economic dynamism not seen in Britain since the Industrial Revolution."...more

Energy Sector Alert Series: Five Essentials for Managing Deal Risk

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Utah oil sands mine slowed

A Canadian company developing an oil sands mining and extraction project in Utah has announced a decision to "reduce the pace of field construction in order to maintain working capital flexibility," based on low oil...more

Purpose built student accommodation (PBSA) to be exempt from Private Housing (Tenancies) (Scotland) Bill

On 3 February the Scottish Government published their response to the Infrastructure and Capital Investment Committee’s Stage 1 report on the Private Housing (Tenancies) (Scotland) Bill. The report contains the following...more

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