DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations
August 03, 2026 —
Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogFor nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the
Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026.
As discussed
previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide
July 06, 2026 —
Hunton Insurance Recovery BlogHunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input.
Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel
Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head
Syed S. Ahmad and partner
Michael S. Levine were named Leading Lawyers; and partners
Andrea DeField and
Latosha M. Ellis were named Next Generation Partners. In addition, partners
Walter J. Andrews,
Lawrence J. Bracken II, and
Koorosh “KT” Talieh were recognized as Key Lawyers on the team.
Read the full story...Reprinted courtesy of
Hunton Andrews Kurth LLP
On Checks and Balances
March 03, 2026 —
Garret Murai - California Construction Law BlogIt’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government.
In
Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals.
The Associated General Contractors of California Case
At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects.
Read the full story...Reprinted courtesy of
Garret Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Shane Singh Named One of Los Angeles Business Journal's 'Top 100 Lawyers of Los Angeles' for 2026
April 27, 2026 —
Lewis BrisboisSacramento Partner Shane Singh has been named one of the Los Angeles Business Journal's "Top 100 Lawyers of Los Angeles" for 2026.
The LABJ’s annual list honors Los Angeles' top lawyers for their achievements within the city's business community.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Damage from Frozen Pipes Excluded from Coverage
March 31, 2026 —
Tred R. Eyerly - Insurance Law HawaiiApplying Texas law, the federal district court found there was no coverage for damage to the insured’s commercial building due to the bursting of frozen pipes. Barona v. State Farm Lloyds, 2025 U.S. Dist. LEXIS 257379 (S.D. Texas Dec. 12, 2025).
Freezing weather froze Barona’s plumbing fixtures, causing significant water damage to the commercial property when the plumbing eventually expanded and burst. State Farm sent an inspector. During the inspection, Barona stated that he turned off the heat to his building but did not shut off the water supply or drain the pipes. State Farm denied covered based on the policy’s exclusion for frozen plumbing.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Research Illuminates Pollution Problem in Tijuana River Valley
June 29, 2026 —
Jeff Yoders - Engineering News-RecordThe Tijuana River watershed between southern California and northern Mexico has been the epicenter of an environmental and public health crisis for more than two decades. Since October 2023 alone, more than 31 billion gallons of raw sewage and polluted water have flowed into the U.S. and, eventually, the Pacific Ocean.
Read the full story...Reprinted courtesy of
Jeff Yoders, Engineering News-RecordMr. Yoders may be contacted at
yodersj@enr.com
Supreme Court Rules Tariffs Unconstitutional: Why the Construction Industry Shouldn’t Expect Calm Just Yet
March 31, 2026 —
Christopher Barnett - Construction ExecutiveThe U.S. Supreme Court’s 6–3 decision in Learning Resources, Inc. v. Trump did what many expected: It held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. What few anticipated was the speed of what followed: Within hours of the ruling, the administration announced replacement tariffs under Section 122 of the Trade Act of 1974, imposed a 10% global surcharge effective February 24, and signaled forthcoming Section 301 investigations against most major trading partners.
For those in the construction industry hoping the Learning Resources ruling would restore market stability, the message was unambiguous. The constitutional question may be settled, but the market disruption is not.
Reprinted courtesy of
Christopher Barnett, Construction Exec
Construction Demand Unsteady, Gains in Some RegionsPool Contractor’s Assets Frozen over Construction ClaimsNailing Social Media: The Key to Generating Leads for Construction CompaniesLewis Brisbois Appellate Team Scores Major Victory in Bad Faith Insurance ActionTighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San FranciscoA Special CDJ Thanksgiving EditionRecent Supreme Court Decision Could Have Substantial Impact on Builders25 Days After Explosion, Another Utility Shuts Off Gas in Boston AreaThe Importance of Preliminary Notices on Private Works Projects GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies<
Meet BWB&O’s 2025 Best Lawyers in America!Subrogation Insight: Expert Testimony Admissible Despite Post-Loss RepairsDecaying U.S. Roads Attract Funds From KKR to DoubleLineDIR Reminds Public Works Contractors to Renew Registrations Before January 1, 2016 to Avoid Hefty PenaltyFHFA’s Watt Says Debt Cuts Possible for Underwater HomeownersEighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury CaseOregon Condo Owners Make Construction Defect ClaimThe New Industrial Revolution: Rebuilding America and the WorldLeonard Fadeeff v. State Farm General Insurance CompanyNot so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?Eighth Circuit Remands to Determine Applicability of Collapse ExclusionA Property Tax Exemption, Misapplied, in TexasExistence of “Duty” in Negligence Action is Question of LawChambers USA 2022 Ranks White and Williams as a Leading Law FirmS&P Near $1 Billion Mortgage Ratings Settlement With U.S.Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of InsuranceDelays Caused When Government (Owner) Pushes Contractor’s Work Into Rainy / Adverse Weather SeasonInsurer in Bad Faith Due to Adjuster's Failure to Keep Abreast of Case LawThe Problem With Building a New City From ScratchDetails Matter: The Importance of Strictly Following Public Bid Statutes2017 Legislative Changes Affecting the Construction IndustryPATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost OverrunsAre Construction Defect Laws Inhibiting the Development of Attached Ownership Housing in Colorado?City Wonders Who’s to Blame for Defective WallProposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income LossesGetting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030Motion to Strike Insureds' Experts Denied, Claims under Fair Claims Settlement Act Survives Summary JudgmentRecent Regulatory ActivityConsumer Confidence in U.S. Increases More Than ForecastSaxe Doernberger & Vita, P.C. Expands with New Office in Foxborough, MassachusettsNew Report: Civil Engineering Salaries and Job Satisfaction Are Strong and Climbing at a Faster Rate Than Past ReportsCourts Take Another Swipe at the Implied Warranty of the Plans and SpecificationsAEC Business Is a Top 25 Podcast in Construction TechCourt Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000Plaintiffs Not Barred from Proving Causation in Slip and Fall Case, Even With No Witnesses and No Memory of Fall ItselfCalifornia Bid Protests: Responsiveness and MaterialityHistorical Long-Tail Claims in California Subject to a Vertical Exhaustion RuleHow Palm Beach Balances Mansion Politics Against Climate ChangeBlockbuster Breakwater: Alternative Construction Method Put to the Test in Tampa Bay'Drywall Isn't Light': Peter Lupo on Safety Management at Standard DrywallShowdown Over Landmark Housing Law Looms at U.S. Supreme CourtExamination of the Product Does Not Stop a Pennsylvania Court From Applying the Malfunction TheoryNorth Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related ClaimsJustice Dept., EPA Ramp Up Environmental Justice EnforcementAmbiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior CourtFlorida Governor Signs Construction Defect Amendments into LawWhy Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in WashingtonWhen is Mediation Appropriate for Your Construction Case?A Chicago Skyscraper Cements the Legacy of a Visionary Postmodern ArchitectBuild Me A Building As Fast As You Can
