Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Clarksville Tank Owner
The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 23rd proposed Order and Assessment (“Order”) to Racetrac Petroleum, Inc. (“Racetrac”) related to the Tennessee rules addressing underground storage tanks (“USTs”). See Case No. UST21-0116. The Order provides that…
Hexavalent Chromium/RCRA: Federal Appellate Court Addresses Potential Liability of Public Water System
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a September 29th Opinion the potential liability of a public water system pursuant to the imminent and substantial endangerment provisions of the Resource Conservation and Recovery Act (“RCRA”). See California…
404/Clean Water Act: U.S. House Committee on Transportation and Infrastructure Request that Trump Administration Nationwide Permits be Reexamined
The Chairman of the United States House of Representatives Committee on Transportation and Infrastructure, Peter DeFazio (“Chairman”), sent an October 13th letter to the Biden Administration addressing Section 404 Clean Water Act Nationwide Permits (“NWPs”). The Chairman in the October 13th letter…
Mold/Water Intrusion: Lessee Files Garland County, Arkansas, Circuit Court Complaint Alleging Breach of Contract
Hot Springs Health Providers, LLC (“Health Providers”) filed an October 18th Complaint in the Circuit Court of Garland County, Arkansas, against Shiloh Place Manor, LLC (“Shiloh Place”). See 26CV-221-1107. The Complaint alleges certain breaches of a lease agreement involving: Dangerous levels of…
Like-Kind Exchanges Under IRC Section 1031: A Primer
October 22, 2021
by B. Wade Bowen
Individual and business clients engaging in real estate transactions often have an interest in like-kind exchanges under Internal Revenue Code Section 1031 (hereinafter “1031” or “Section 1031”). Clients are usually aware that a properly structured 1031 exchange can reduce tax liability, but have…