News & Analysis as of

Infrastructure Appellate Courts

Downey Brand LLP

Ideker, USACE’s New Guidance, and Figuring Out How to do an Induced Flooding Analysis

Downey Brand LLP on

On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more

Goldberg Segalla

‘Berth Control’ — California’s War on Idle Emissions

Goldberg Segalla on

California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date....more

Roetzel & Andress

Ohio Court Affirms Eminent Domain Taking for Downtown Zanesville Redevelopment Project

Roetzel & Andress on

The Ohio and U.S. Constitutions require that the power of eminent domain can only be exercised when necessary for a public use. In the 2005 case of Kelo v. City of New London, the U.S. Supreme Court took an expansive view...more

McGinnis Lochridge

When Force Majeure Isn't Enough: The Causation Trap That Cost Kinder Morgan $100 Million

McGinnis Lochridge on

In case you somehow forgot, the 2021 Valentines Day storm coined “Snovid,” “Snowmageddon,” or officially labeled Winter Storm Uri, blanketed Texas in snow and ice, even bringing snowfall to Galveston Beach. As temperatures...more

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

Snell & Wilmer on

The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more

Baker Botts L.L.P.

The English Court of Appeal Confirms Sovereign Immunity is No Defence to ICSID Award Enforcement

Baker Botts L.L.P. on

In a significant recent decision in Infrastructure Services v Spain; Border Timbers v Zimbabwe, arising out of two separate English proceedings seeking the recognition and enforcement of ICSID arbitration awards rendered...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

SC20088 - Arciniega v. Feliciano - One slate of petitioning candidates for a town committee election sued to have several signatures on the competing slate declared invalid. The competing slate intervened and filed a...more

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