Fey v. Olson, 319 Neb. 45 (2025) Two landowners claimed they have crossed their neighbors’ property for as long as they can remember due to a river dividing the property, thus making the southern half otherwise inaccessible. The neighbors attempted to stop that access by locking a gate in the […]
Dirt Alert
Seventeen Legislative Bills Affecting Development, Energy, and Other Real Estate Matters Passed During the 2025 Nebraska Legislative Session
The First Regular Session of the 109th Nebraska Legislature adjourned sine die on June 9, 2025. We previously provided updates during bill introduction and throughout the legislative session on various bills of interest. You can access these prior articles by clicking here. Throughout this legislative session, we identified and analyzed […]
U.S. Supreme Court Holds Courts Must Defer to Agency Environmental Reviews under NEPA
In Seven County Infrastructure Coalition v. Eagle County,[1] the United States Supreme Court held courts must defer to agency environmental reviews under the National Environmental Policy Act (“NEPA”). This is noteworthy because the court recently overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. in 2024.[2] Chevron was a […]
Nebraska Supreme Court Upholds Conditional Use Permit for Hog Facility
Amorak, Inc. v. Cherry Cnty. Bd. of Comm’rs, 318 Neb. 723 (2025) Danielski Harvesting & Farming, LLC (“Danielski”), owns land in Cherry County, Nebraska. A different entity agreed to operate a hog facility on the land. Danielski applied for a conditional use permit (“CUP”) for the hog facility from the […]
Legislative Update Two Thirds Through the 2025 Nebraska Legislative Session
The First Regular Session of the 109th Nebraska Legislature convened on January 8, 2025. As of the publishing of this article, one-third of the Session remains. In January, we identified and analyzed 74 legislative bills of interest. Links to those articles are here (Days 1-5 of this Session) and here (Days 6-10 […]

