End of an (Endangerment) Era
February 23, 2026 —
Sukhmani K. Singh, Christopher P. Colyer & Sean M. Sherlock - Snell & WilmerOn February 12, 2026, the U.S. Environmental Protection Agency (EPA) announced the repeal of the 2009 Greenhouse Gas (GHG) Endangerment Finding and the elimination of all federal GHG emission standards for motor vehicles and engines.
1 The EPA characterized the action as the “single largest deregulatory action in U.S. history.”
2 This development marks a fundamental shift in federal climate policy under the Clean Air Act (CAA) and is expected to trigger immediate and extensive litigation.
In Massachusetts v. EPA, the U.S. Supreme Court held that GHGs qualify as “air pollutants” under the CAA and that the EPA must determine whether emissions from new motor vehicles cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare under CAA Section 202(a).
3 Following this decision, on December 7, 2009, the EPA issued two findings. First, the EPA classified six different GHGs as threatening public health and welfare. Second, the EPA determined that emissions from new motor vehicles contribute to that endangerment.
4 Although the findings themselves imposed no direct regulatory requirements, they served as the legal predicate for GHG emission standards for light-duty and heavy-duty vehicles, and later for other CAA programs affecting statutory sources. In 2012, the U.S. Circuit Court of Appeals for the District of Columbia upheld the Endangerment Finding and related regulations.
5
Reprinted courtesy of
Sukhmani K. Singh, Snell & Wilmer,
Christopher P. Colyer, Snell & Wilmer and
Sean M. Sherlock, Snell & Wilmer
Ms. Singh may be contacted at ssingh@swlaw.com
Mr. Colyer may be contacted at ccolyer@swlaw.com
Mr. Sherlock may be contacted at ssherlock@swlaw.com
Read the full story...
Standing When It Comes to Real Property Owned by a Trust
February 23, 2026 —
David Adelstein - Florida Construction Legal UpdatesIt is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes.
In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Course of Construction Exclusions and the CGL Policy
July 20, 2026 —
Anna M. Perry, Rachel S. Kindseth & Nina Catanzaro - Saxe Doernberger & Vita, P.C.I. Course of Construction Exclusions
Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy.
General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party.
Reprinted courtesy of
Anna M. Perry, Saxe Doernberger & Vita, P.C.,
Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and
Nina Catanzaro, Saxe Doernberger & Vita, P.C.
Ms. Perry may be contacted at APerry@sdvlaw.com
Ms. Kindseth may be contacted at rkindseth@sdvlaw.com
Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com
Read the full story...
Four Families Now Live in the Season Six Rock the Block Homes in Grantsville, Utah
April 20, 2026 —
Hamlet HomesSALT LAKE CITY, April 20, 2026 /PRNewswire/ -- The premier of Rock the Block season seven aired last Monday and is set in Las Vegas, Nevada. Rock The Block is HGTV's highest rated show. Last year, season six was set in Utah and had HGTV's highest rating yet, with over 14 million viewers. All episodes of season six were filmed in the Worthington Ranch community in Grantsville, Utah. The four homes on the show were built by Utah builder Hamlet Homes. During the show, the location of the four Rock The Block homes had to be kept secret and were surrounded by a locked gate. After over a year of being inaccessible, the Utah public was invited in May 2025 to tour the homes and help raise money together for charity. On May 30-31, 2025, Hamlet hosted a 'Rock The Block Party' where the public was able to walk through the homes made famous by the show.
Hamlet Owner, VP of Marketing & Design Tami Ostmark shares stories from the show and her perspective of what it's like to be the builder on a national show like this. Ostmark was on set almost the entire time. "As expected, there were times when there was tension on the set. All four designers were super competitive with each other. It's amazing that the production team was able to produce the show as well as they did. I'm very impressed," said Ostmark.
Another interesting point related to the show is how much work the local builder is responsible for. Some nights as many as 30 Hamlet team members worked through the night to keep up with the pace of production. "Each designer provided their own trusted carpenters to do finishing work. In two of the cases, designers' flew their favorite carpenters in to carry out their visions. Given the quick turnaround, it's not always practical for finishing work to be permanent. Sometimes, it just needs to look appealing on camera," said Ostmark. This is frequently referred to as 'TV Magic'. "When the show was over, Hamlet re-did any areas that required extra attention". The show really does shoot in only 7 weeks as depicted. This creates a fast pace that was very exciting to be a part of", continued Ostmark. All four of the homes featured on the show have since been purchased; four Utah families currently call them home.
ABOUT HAMLET HOMES
Hamlet Homes (www.hamlethomes.com) crafts quality customer-oriented townhomes and single-family homes located in attractively designed communities in Utah and Idaho. Since the company's founding in 1995, Hamlet has built over 5,000 homes in 80 communities. The company is a proud recipient of many awards on Sustainable Business & Design, Quality Builder Awards; recognized both locally and nationally. Named by the Salt Lake Chamber of Commerce as the 'Veteran Owned Small Business of the Year, in 2019'. Hamlet has since been named several times to the Professional Builder's Housing Giants List and annual HOME AWARDS Best Customer Experience. Most recently in 2026, Hamlet was named Utah's 'Best of State for Real Estate Development and Utah Businesses 'Best Companies to Work For' for the 6th consecutive year.
A Permitting Base Checklist for Data Centers and Power Plants
June 02, 2026 —
Michael S. McDonough, Stephen J. Humes & Stacey C. Wright - Gravel2Gavel Construction & Real Estate Law BlogThere is a lot of talk these days about “license to operate” for data centers, meaning management of the relationships with stakeholders and broader communities concerning both the benefits and adverse consequences of locating a facility in a particular locale. Here, we are speaking of “license to operate” more literally—namely, the legal and regulatory permitting and approval requirements for a privately owned data center whether by itself or colocated with a power generating plant.
Our Base Checklist includes generally and potentially applicable permitting requirements for development and operation, using California as an example. (Taking legal authority Frank Sinatra out of context, “If you can make it there, you can make it anywhere.”) The actual requirements for a given facility would depend, in part, on local law, including planning and zoning laws and plans, and the environment of the site. Just as examples, additional permitting and mitigation requirements might apply if sensitive receptors are located nearby (e.g., noise mitigation for residential dwellings), if sensitive and protected biological resources (e.g., jurisdictional waters and/or protected species) would be impacted, or if the present or former land uses require additional measures (e.g., hazardous materials remediation, mitigation for conversion of prime farmland, or protection of cultural resources). The scope of permit requirements would ultimately be determined by the applicable regulatory agencies and by the lead and responsible agencies under the applicable state environmental land use regime—in our reference case here, the California Environmental Quality Act (CEQA).
Reprinted courtesy of
Michael S. McDonough, Pillsbury,
Stephen J. Humes, Pillsbury and
Stacey C. Wright, Pillsbury
Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com
Ms. Wright may be contacted at stephen.humes@pillsburylaw.com
Read the full story...
Late Notice Bars Insured’s Claim for Wind Damage
June 29, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026).
A storm caused damage to Touchstone’s hotel on January 4, 2023. Touchstone’s corporate representative, Rohit Patel, testified that he was not at the property on the day of the storm. In a telephone call the next day, the manager of the property reported to Patel that he observed detached shingles from the roof the hotel in the parking lot. Patel testified that he did not file a claim at that time because Touchmark’s employees did not detect any water leakage in the building and because he did not believe that the cost of the damage from the storm would exceed the policy’s deductible.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents
Appellate Court reverses district court’s finding of alter ego in Sedgwick Properties Development Corporation v. Christopher Hinds (2019WL2865935) Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley2017 Susan G. Komen Race for the Cure¡AI Caramba!Formal Opinion No. 2020-203: How A Lawyer Is to Handle Access to Client Confidential Information and Anticipation of Potential Security IssuesURGENT: 'Catching Some Hell': Hurricane Michael Slams Into Florida“Pay When Paid” Provisions May Not Be Dead, at Least Not YetSerial ADA Lawsuits Targeting Small Business OwnersUnderstanding California’s Pure Comparative Negligence LawLegal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 GuideColorado House Bill 20-1290 – Restriction on the Use of Failure to Cooperate Defense in First-Party Claims California Home Sellers Have Duty to Disclose Construction Defect Lawsuits#5 CDJ Topic: David Belasco v. Gary Loren Wells et al. (2015) B254525Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential CoverageStaying Single?Florida High-Rise for Sale, Construction Defects Possibly IncludedWhite and Williams Announces Partner and Counsel PromotionsMeet Orange County Bar Associations 2024 LeadersNebraska’s Prompt Pay Act for 2015
Colorado Construction-Defects Reform Law Attempt Expected in 2015Gen Xers Choose to Rent rather than BuyGranting of Lodestar Multiplier in Coverage Case AffirmedHomeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of ContractBuilder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”Denver Parking Garage Roof Collapses Crushing VehiclesNo Coverage For Damage Caused by Chinese DrywallPreventing Common Electrical Injuries on the JobsiteNo Duty to Defend Under Pollution PolicyCompliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing RecoveryHow New York City Plans to Soak Up the RainIntricacies of Business Interruption Claim ConsideredFlorida Lien Law and Substantial Compliance vs. Strict ComplianceNewmeyer & Dillion Gets Top-Tier Practice Area Rankings on U.S. News – Best Lawyers ListWildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related DamagesA New Statute of Limitations on Construction Claims by VA State Agencies?Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability WinAnalysis of the “owned property exclusion” under Panico v. State FarmCourt of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance PoliciesInsurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!New York Bridge to Be Largest Infrastructure Project in North AmericaChambers USA 2019 Ranks White and Williams as a Leading Law FirmAnother Reminder that Your Construction Contract Language MattersSuit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations GroundsBoyfriend Pleads Guilty in Las Vegas Construction Defect Scam SuicideFloating Crane on Job in NYC's East River Has a Storied Past of Cold War IntrigueTrial Court’s Grant of Summary Judgment On Ground Not Asserted By Moving Party UpheldFederal Judge Strikes Down CDC’s COVID-19 Eviction MoratoriumAre You Ready For 2015?DoD Issues Guidance on Inflation Adjustments for ContractorsColorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-13487 Ways Technology is Changing Construction (guest post)Progress, Property, and Privacy: Discussing Human-Led Infrastructure with Jeff SchumacherGeorgia Court Reaffirms Construction Defect DecisionConstruction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”Texas School District Accepts Settlement Agreement in Construction Defect CaseAction Needed: HB24-1230 Spells Trouble for Colorado Construction Industry and its InsurersCandis Jones Named to Atlanta Magazine’s 2025 “Atlanta 500” ListLess Than Perfectly Drafted Endorsement Bars Flood CoverageMiami's Condo Craze Burns Out on Strong DollarAlaska Supreme Court Finds Insurer Owes No Independent Duty to Injured PartyInsureds’ Altering Dates for Hailstorm Damage Justifies Denial of ClaimReal Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building GroupsTop 10 Take-Aways from the 2025 Annual Meeting in AustinReal Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike ContinuesMountain States Super Lawyers Recognizes 26 Utah Snell & Wilmer Attorneys in 2025 RankingsA Lesson from the Criminal Courtroom to Construction Contractors About Videos and PhotosAI Data Centers Become City-Scale Infrastructure, Prompting New Industry PlaybookJohn Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake
