The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more
10/15/2018
/ Administrative Procedure Act ,
Appeals ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Real Estate Development ,
Regulatory Takings ,
Ripeness ,
Separation of Powers ,
State Constitutions ,
Urban Planning & Development
Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more
8/26/2016
/ Administrative Procedure Act ,
Appeals ,
Dismissals ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Exclusive Jurisdiction ,
Federal Power Act ,
FERC ,
Hydropower ,
National Marine Fisheries Service
In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more
On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more
On December 17, 2012, the National Association of Home Builders, the Olympia Master Builders, the Home Builder Association of Greater Austin, and the Texas Salamander Coalition, Inc., filed a lawsuit against the U.S. Fish and...more