Navigating the New Frontier of Federal-State Energy Regulation: What Energy Companies Need to Know
June 08, 2026 —
Ryan J. Regula - Snell & WilmerIntroduction
The jurisdictional boundary between the Federal Energy Regulatory Commission (FERC) and the states is being actively contested, from challenges to landmark transmission planning rules to disputes over emergency cost-allocation orders, in ways that carry significant legal, financial, and operational implications for energy companies. For utilities, independent power producers, and transmission developers, understanding these dynamics is now a strategic imperative.
The Jurisdictional Divide: A Bright Line That Isn’t
The Federal Power Act divides authority between FERC and the states: FERC exercises jurisdiction over interstate transmission and wholesale electricity sales, while states retain authority over generation facilities, retail rates, and decisions about resource mix. The D.C. Circuit has regularly been called upon to “referee the Federal Power Act’s jurisdictional line separating [FERC’s] jurisdiction over the federal wholesale market and States’ jurisdiction over facilities used in local distribution.”1
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Ryan J. Regula, Snell & WilmerMr. Regula may be contacted at
rregula@swlaw.com
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.
Generic Complaint Alleging Bad Faith is Insufficient
August 24, 2026 —
Tred R. Eyerly - Insurance Law HawaiiThe federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 111261 (W.D. N. C. May 20, 2026).
The insured submitted a claim for damages to real property owned by the insured allegedly caused by Hurricane Helene. State Farm advised the insured that only some of the claimed damages were covered by the policy and payment for such damages were denied because the estimate for the covered damages did not exceed the policy’s deductible. The insured sued asserting claims for breach of contract, bad faith, and unfair claim settlement practices.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Settlement Agreements and Contracts Require a Meeting of the Minds
July 20, 2026 —
David Adelstein - Florida Construction Legal UpdatesA settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF THE MINDS.
In a recent case dealing with the settlement agreement on a construction lien, the essential settlement terms (money and mutual release) were memorialized in an e-mail exchange between the parties (owner and subcontractor). The settlement required the owner to pay the principal amount plus some attorney’s fees and then a mutual general release would be prepared. In response to the confirmatory email, the owner sent a check, which the subcontractor deposited, but the owner refused to sign the release signed and sent by the subcontractor. The owner further claimed it doesn’t need to pay the attorney’s fees because the lien amount was paid in full. The subcontractor sued arguing the owner breached the terms of the settlement. The appellate court agreed.
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Surety Liability Is Coextensive with Its Bond Principal
April 14, 2026 —
David Adelstein - Florida Construction Legal UpdatesA recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you are bonded, or you are pursuing a bond, you need to appreciate this, which is why this is a noteworthy discussion:
A “surety’s liability on a Miller Act bond must be at least coextensive with the obligations imposed by the Act if the bond is to have its intended effect.” “Therefore, ‘the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it is consistent with the rights and obligations created under the Miller Act.’” In other words, “[w]here a subcontract’s terms are consistent with the Miller Act’s provisions, the surety’s liability on the Miller Act bond is coextensive with the contractual liability of its princip[al].”
“The liability of a surety under the Miller Act is controlled by federal law, rather than state contract law[.]” The court may, however, “look to state law when interpreting contractual provisions” in a Miller Act case.
“[T]he measure of recovery under the Miller Act is generally determined by the terms of the subcontract [or underlying contract].”
Northcon, supra, at *4-5 (internal citations omitted).
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David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Newmeyer Dillion Partner Jeff Masters Recognized by Chambers USA for Representation of Insurance Policyholders
June 08, 2026 —
Newmeyer DillionNEWPORT BEACH, Calif. – June 4, 2026 – Newmeyer Dillion is proud to announce that litigation partner Jeffrey D. Masters has been ranked among a select group of California lawyers representing insurance policyholders in the 2026 edition of Chambers USA.
This marks two consecutive years of recognition for Masters by this prestigious international attorney rating resource.
"This recognition by Chambers and Partners is a testament to Jeff’s dedication to our clients," said Managing Partner, Paul Tetzloff. "We are thrilled to see his hard work acknowledged and the level of passion and care that he delivers to clients fully recognized."
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Newmeyer Dillion
A Green Light for Housing? What Executive Order 14394 Means for Your Next Project
May 26, 2026 —
Bennett Houck, Miranda Marti
NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers
Partner Bryan Stofferahn and Our Walnut Creek Team Secure Summary Judgment in a $28 Million Premises Liability Case!
Older Homes for Sale in California Now Come With Wildfire Warnings
Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal
Bert Hummel Appointed Vice Chair of State Bar of Georgia Bench & Bar Committee
Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses
No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause
The Registered Agent Advantage
The Risk of A Fixed Price Contract Is The Market
A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts
Thirteen Payne & Fears Attorneys Honored by Best Lawyers
Little Known Florida Venue Statue Benefitting Resident Contractors
Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds
Consider The Limited Warranty from Your Homebuilder
The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects
Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision
Maximizing Contractual Indemnity Rights: Components of an Effective Provision
Five Lewis Brisbois Attorneys Named “Top Rank Attorneys” by Nevada Business Magazine
Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln
Finding Highway Compromise ‘Tough,’ DOT Secretary Says
Avoid a Derailed Settlement in Construction
Nancy Conrad Recognized in Lehigh Valley Business 2024 Power in Law List
Investigation of Orange County Landslide
Assignment of Construction Defect Claims Not Covered
America’s Bridges and the Need for Bridge Infrastructure Investment
Broker's Motion for Summary Judgment on Negligence Claim Denied
California Contractor License Bonds to Increase in 2016
Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency
California Contractor Tests the Bounds of Job Order Contracting
Manhattan’s Property Boom Pushes Landlords to Sell Early
Arizona – New Discovery Rules
Admissibility of Expert Opinions in Insurance Bad Faith Trials
The Utility of Arbitration Agreements in the Construction Industry
Experts: Best Bet in $300M Osage Nation Wind Farm Dispute Is Negotiation
High-Rise Condominium Construction Design Defects, A Maryland Construction Lawyer’s Perspective
Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid
The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims
Texas House Passes Medical Damages Reform: What It Means for Insurance Defense Attorneys
Competent, Substantial Evidence Carries Day in Bench Trial
Is the Obsession With Recordable Injury Rates a Deadly Safety Distraction?
Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers
California Supreme Court Adopts Vertical Exhaustion for Long-Tail Claims
Understanding the Details: Suing Architects and Engineers Can Get Technical
Local Government’s Claims on Developer Bonds Dismissed for Failure to Pursue Administrative Remedies
Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA
Feds Withdraw $4.9B Conditional Loan Guarantee for Grain Belt Express Power Line
Proving & Defending Lost Profit Damages
Formaldehyde-Free Products for Homes
CGL Policy Covering Attorney’s Fees in Property Damage Claims
Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” List
A Recession Is Coming, But the Housing Market Won't Trigger It
Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!
Strategic Investigation and Thorough Advocacy Leads to Dismissal and Fee Recovery for National Builder
Owner Taking Assignment of General Contractor’s Claims Against a Subcontractor(s)
Summary Findings of the Fourth National Climate Assessment
Coverage for Construction Defects Barred By Exclusion j (5)
Alabama Still “An Outlier” on Construction Defects
Hawaii Bill Preserves Insurance Coverage in Lava Zones
What a Difference a Day Makes: Mississippi’s Discovery Rule
Real Estate & Construction News Roundup (11/5/25) – Apartment Conversion Projects Surge, Targeted AI in Real Estate Increases and Hotel Lobby Urge End of Government Shutdown
Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate
Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage
New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages
Nevada Provides Independant Counsel When Conflict Arises Between Insurer and Insured
You Have Choices (Litigation Versus Mediation)
Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries
New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Congratulations to Partners Nicole Whyte, Keith Bremer, Peter Brown, Karen Baytosh, and Associate Matthew Cox for Their Inclusion in 2022 Best Lawyers!
Why Hurricane Preparedness Isn’t About the Property
Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue
No Coverage for Restoring Aesthetic Uniformity
2018 Legislative Changes Affecting the Construction Industry
Chambers USA 2020 Ranks White and Williams as a Leading Law Firm
