Ohio Supreme Court Blocks Ballot Measure Targeting $4B AWS Data Center
October 26, 2026 —
Bryan Gottlieb - Engineering News-RecordOhio's High Court on Sept. 18 blocked a ballot measure that could have imposed new operating restrictions and citizen lawsuits on a planned $4-billion Amazon Web Services data center campus in Wilmington, about 35 miles southeast of Dayton.
Read the full story...Reprinted courtesy of
Bryan Gottlieb, Engineering News-RecordMr. Gottlieb may be contacted at
gottliebb@enr.com
New York Climate Superfund Rulings Put Vermont Law in Focus
October 20, 2026 —
Amanda G. Halter, Ashleigh K. Myers, Jillian Marullo & Marcus Manca - PillsburyA second federal judge has struck down New York’s
Climate Change Superfund Act and barred its enforcement. On September 23, 2026, Judge P. Kevin Castel of the U.S. District Court for the Southern District of New York issued a
decision granting summary judgment to the United States and the U.S. Environmental Protection Agency (EPA), declaring the Act unconstitutional, and permanently enjoining New York officials from enforcing it in United States v. New York, No. 1:25-cv-03656 (S.D.N.Y. Sept. 23, 2026).
Judge Castel’s decision closely tracks the Northern District of New York’s August 31
decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026). Both courts held that the Clean Air Act (CAA) preempts New York’s effort to impose strict liability through a climate attribution and cost recovery framework based on interstate greenhouse gas (GHG) emissions. Both also held that the foreign affairs doctrine preempts the Act as applied to fossil fuel activity outside the United States. On September 24, the Northern District entered Rule 54(b) judgment implementing its August 31 decision, enjoining Attorney General Letitia James and DEC Commissioner Amanda Lefton from implementing or enforcing the Act and permitting an immediate appeal of the preemption claims.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury,
Jillian Marullo, Pillsbury and
Marcus Manca, 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
Mr. Manca may be contacted at marcus.manca@pillsburylaw.com
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GRSM Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court
August 11, 2026 —
Gordon Rees Scully MansukhaniA Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months.
The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated.
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Gordon Rees Scully Mansukhani
Federal Court Pauses New Mexico PFAS Labeling Rule, but Not Its Bans or Reporting Deadline
October 26, 2026 —
Ashleigh K. Myers, Jillian Marullo & Claudia Vetesi - Gravel2Gavel Construction & Real Estate Law BlogAs we
previously reported, New Mexico adopted novel product labeling requirements that would require manufacturers to display a PFAS flask symbol on covered products. Those requirements are now on hold. A coalition of industry associations led by the American Chemistry Council sued in federal court, arguing that the mandate unconstitutionally compels speech in violation of the First Amendment. On September 16, 2026, the U.S. District Court for the District of New Mexico
preliminarily enjoined enforcement of the labeling rule while the case, American Chemistry Council v. Kenney, No. 1:26-cv-02130-MIS-SCY, proceeds. The court found the challengers likely to succeed because New Mexico had not shown a reasonable fit between the label and its interests in protecting consumer health and the environment.
A Broad Rule Built Around One Symbol
New Mexico enacted its
PFAS Protection Act in April 2025, joining Maine and Minnesota as the third state to adopt broad reporting requirements and eventual sales restrictions for products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The Act also authorized the Environmental Improvement Board to require PFAS labels on products. The Board’s
implementing rule, which became effective July 1, 2026, specified the exact format of the label and how it had to appear.
Reprinted courtesy of
Ashleigh K. Myers, Pillsbury,
Jillian Marullo, Pillsbury and
Claudia Vetesi, Pillsbury
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Ms. Vetesi may be contacted at claudia.vetesi@pillsburylaw.com
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One Year In: A Look at the Initial Impacts of LEED v5 on the Built Environment
October 20, 2026 —
Eric Haggstrom - Construction ExecutiveAs federal
climate policies shift, the built environment has entered a period of uncertainty where developers, designers and owners need to find pragmatic, forward-looking approaches to sustainability. A year after its launch on April 28, 2025,
LEED v5 is helping lead that charge by pushing the industry toward a stronger long-term focus on carbon reduction, climate resilience and building performance. The framework of this certification provides a snapshot of the current state of the industry and an indication of where it may be headed in the future.
LEED v5’s introduction has helped to begin reframing and informing the approaches of both mission-driven and cost-conscious clients, providing a framework to align their decisions more closely with sustainable priorities by emphasizing carbon reduction, energy efficiency and electrification. These standards can help teams make investments strategically by phasing in upgrades, planning for future technologies and demonstrating how the rating system is influencing long-term decision-making across projects.
Reprinted courtesy of
Eric Haggstrom, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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New York Construction Employers Face New Reporting and Cancellation Pay Requirements Beginning December 8, 2026
October 26, 2026 —
Bradley J. Bartolomeo & Clare M. Cunningham - Lewis BrisboisEffective December 8, 2026, pursuant to the New York Construction Reporting Pay Act, employers in the New York State construction industry will be subjected to new reporting requirements and will be required to pay both union and non-union workers for certain last-minute schedule changes, even when the disruption is caused by weather, failed inspections, material shortages, site-access restrictions, or delays attributable to owners, general contractors, or other trades.
For many contractors, routine decisions that have historically been considered part of construction scheduling risk may now create mandatory wage obligations, prevailing wage compliance concerns, and potential wage-and-hour litigation exposure.
Reprinted courtesy of
Bradley J. Bartolomeo, Lewis Brisbois and
Clare M. Cunningham, Lewis Brisbois
Mr. Bartolomeo may be contacted at Bradley.Bartolomeo@lewisbrisbois.com
Ms. Cunningham may be contacted at Clare.Cunningham@lewisbrisbois.com
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Real Estate & Construction News Roundup (8/19/26) – Single-Family Housing Investors Worry, Confidence in Multifamily REITs and Construction Backlog Falls
September 08, 2026 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue ‘bigger, higher-conviction’ M&A, and more!
- In the wake of the 21st Century ROAD to Housing Act becoming law, the U.S. Chamber of Commerce has created a Housing Advisory Council with the goal of advancing market-driven policies that help increase housing supply and promote affordability. (Julie Strupp, Multifamily Dive)
- Investors in the single-family housing market are increasingly concerned about interest rates, rising insurance and home costs, and the ongoing war with Iran. (Diana Olick, CNBC)
- A legal battle is brewing over new federal rules related to accounts that hold money to pay homeowners’ property taxes and insurance payments. (Sarah Agostino, CNBC)
Read the full story...Reprinted courtesy of
Pillsbury's Construction & Real Estate Law Team
Federal Court Highlights the Strategic Value of Additional Insured Coverage
June 22, 2026 —
Michael S. Levine - Hunton Insurance Recovery BlogA recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense.
The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued.
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Michael S. Levine, Hunton Andrews Kurth LLPMr. Levine may be contacted at
mlevine@hunton.com