High-Rise Design and Construction: Then, Now, and Next
March 16, 2026 —
Aarni Heiskanen - AEC BusinessThe Empire State Building was built in 14 months. Since 2010, the average completion time for a 200-meter-plus building has increased from
4.3 to 5.8 years. Buildings have become more complex, and there's more regulation than in the 1930s. Still, there are ways to make high-rise construction more efficient.
An Unlikely Benchmark From 1930
When construction began on the Empire State Building on March 17, 1930, the world was in the midst of the Great Depression. That turned out to be an advantage. Contractors Starrett Brothers & Eken had access to a vast, motivated workforce, peaking at 3,439 workers on a single day in August 1930.
Read the full story...Reprinted courtesy of
Aarni Heiskanen, AEC BusinessMr. Heiskanen may be contacted at
aec-business@aepartners.fi
What if the Supreme Court Overrules the Reciprocal Tariffs? Plan Now for Refunds, Protests, and Contract Reconciliation
December 15, 2025 —
Brett W. Johnson, T. Troy Galan, Cole Craghan & Thomas Williams - Snell & WilmerAs the U.S. Supreme Court weighs the legality of President Trump’s “reciprocal tariffs,” companies that sell goods internationally face a pivotal inflection point. If the tariffs are struck down, the decision will not simply unwind a trade policy — it may trigger a complex refund process involving billions of dollars in tariffs. This will lead to disputes over who receives repayment, and potential friction between suppliers and customers whose contracts passed tariff costs downstream.
Such disputes appear to be on the horizon, as the U.S. Supreme Court considered oral arguments on the reciprocal tariffs on November 5, 2025, and several Justices signaled their skepticism about whether the International Emergency Economic Powers Act (IEEPA) permits the president to impose tariffs unilaterally. While the outcome remains uncertain, businesses that act now to preserve refund rights and clarify contractual obligations may be best positioned to receive refunds and avoid costly disputes if the tariffs are ordered to be repaid.
Reprinted courtesy of
Brett W. Johnson, Snell & Wilmer,
T. Troy Galan, Snell & Wilmer,
Cole Craghan, Snell & Wilmer and
Thomas Williams, Snell & Wilmer
Mr. Johnson may be contacted at bwjohnson@swlaw.com
Mr. Galan may be contacted at tgalan@swlaw.com
Mr. Craghan may be contacted at ccraghan@swlaw.com
Mr. Williams may be contacted at twilliams@swlaw.com
Read the full story...
Texas Granted Primacy Over Class VI Carbon Storage Wells
December 15, 2025 —
Ashleigh Myers, Robert A. James, Michael S. McDonough & Jillian Marullo - Gravel2GavelOn November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas’s request for primacy over Class VI underground injection control (UIC) wells under the Safe Drinking Water Act, authorizing the Railroad Commission of Texas (RRC) to issue and oversee permits for carbon capture and storage (CCS) injection projects. The final rule makes Texas the sixth state to secure primacy over Class VI wells—following North Dakota, Wyoming, Louisiana, Arizona and West Virginia—and marks EPA’s third such approval in the last several months.
By securing primacy, effective December 15, 2025, Texas gains direct regulatory control over the siting, construction, operation and closure of CO₂ injection wells intended for long-term geological sequestration. This authority enables the state to establish permitting criteria, environmental review procedures and monitoring standards tailored to Texas’s unique geologic formations and existing oil and gas infrastructure.
Reprinted courtesy of
Ashleigh Myers, Pillsbury,
Robert A. James, Pillsbury,
Michael S. McDonough, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Mr. James may be contacted at rob.james@pillsburylaw.com
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
Environmental Due Diligence - What's The Hold Up?
November 18, 2025 —
W. Tyler Lloyd - The Dispute ResolverConstruction projects do not occur overnight. Regardless of project size, projects take anywhere from months to years to design, build, and complete. Perhaps one portion of the construction project that is always subject to criticism, particularly on large infrastructure projects, is environmental review and the applicability of environmental laws, requiring specific environmental thresholds, and the National Environmental Policy Act (“NEPA”). Contractors are well aware of the timeline and potential impacts that NEPA review might have on a project, and many contractors and national groups have expressed a desire to ensure that NEPA does not interfere with or altogether block the deployment of large infrastructure projects.
On federal funded or assisted projects, contractors must comply with strict environmental oversight because the project is tied to federal funding or federal agency accountability. Contractors must also comply with environmental and sustainability mandates under the Federal Acquisition Regulation (“FAR”). The FAR requires federal construction project contracts to include clauses concerning hazardous materials, emergency planning, waste reduction, environmental management systems, and greenhouse gas disclosures.
Read the full story...Reprinted courtesy of
W. Tyler Lloyd, Stites and Harbison, PLLCMr. Lloyd may be contacted at
tlloyd@stites.com
Top Developments 2025 - Issue 4
December 22, 2025 —
John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter“ARISING OUT OF”
Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025)
Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence.
Reprinted courtesy of
John S. Anooshian, White and Williams LLP,
Paul A. Briganti, White and Williams LLP,
Elizabeth L. Ferguson, White and Williams LLP,
Alexandra M. George, White and Williams LLP and
Haley S. Newman, White and Williams LLP
Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com
Mr. Briganti may be contacted at brigantip@whiteandwilliams.com
Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com
Ms. Newman may be contacted at newmanh@whiteandwilliams.com
Read the full story...
Second Circuit Revives Policyholder’s Negligence Claim Against Agent
December 08, 2025 —
Latosha M. Ellis, Geoffrey B. Fehling & Yosef Itkin - Hunton Insurance Recovery BlogFrom insurance agents and wholesalers to risk consultants and policyholders, there are many parties involved in commercial insurance transactions. While each has an important part to play, the policyholder-agent relationship is particularly important to ensure both sides understand their respective roles and obligations when an agent assists in obtaining coverage.
The Second Circuit Court of Appeals recently provided important guidance under New York law about the scope of an insurance agent’s responsibilities, particularly when an agent, at a policyholder’s request, expressly takes on tasks beyond simply procuring coverage. The decision underscores that an agent’s obligations can extend beyond standard procurement duties by express agreement, though the outcome could differ under the law of another jurisdiction.
Reprinted courtesy of
Latosha M. Ellis, Hunton Andrews Kurth LLP,
Geoffrey B. Fehling, Hunton Andrews Kurth LLP and
Yosef Itkin, Hunton Andrews Kurth LLP
Ms. Ellis may be contacted at lellis@hunton.com
Mr. Fehli
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