The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more
9/8/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Legal History ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States
As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more
6/22/2021
/ Ballot Measures ,
Constitutional Amendment ,
General Plan ,
Housing Developers ,
Housing Market ,
Land Use Restrictions ,
Local Ordinance ,
Moratorium ,
Preemption ,
Proposed Legislation ,
Referendums ,
State and Local Government ,
State Constitutions ,
Urban Planning & Development ,
Zoning Laws
The California Court of Appeal for the First Appellate District has struck down a state law that limited judicial review of California Energy Commission (CEC) thermal power plants siting approvals to the California Supreme...more
In response to COVID-19, on April 23, 2020, California Gov. Gavin Newsom issued Executive Order N-54-20, which, among other things, suspends for 60 days (starting April 23, and ending June 22, 2020) certain noticing and...more
• In Creed-21 v. City of Wildomar et al., the California Court of Appeal, Fourth Appellate District, upheld a lower court's dismissal of a California Environmental Quality Act (CEQA) case filed by a plaintiff's attorney who...more
In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more
6/30/2017
/ City Planning Departments ,
Common Ownership ,
Fifth Amendment ,
Just Compensation ,
Land Developers ,
Land Parcels ,
Murr v Wisconsin ,
Private Property ,
Property Owners ,
Reasonable Expectations Test ,
Regulatory Takings ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Zoning Laws
Aptos Council v. County of Santa Cruz ruling also clarifies CEQA "Piecemeal" Doctrine -
The Sixth District Court of Appeal's recent decision in Aptos Council v. County of Santa Cruz provides useful California...more
4/12/2017
/ Appeals ,
CEQA ,
Construction Industry ,
Environmental Review ,
Foreseeability ,
Future Harm ,
Land Use Restrictions ,
Local Ordinance ,
Regulatory Reform ,
Urban Planning & Development ,
Zoning Laws
Two new rules and one new policy from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) relating to the process of designating and protecting "critical habitat" under the Endangered...more
In a recent landmark California Environmental Quality Act ("CEQA") decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Smart Rail), the California Supreme Court issued its...more
In a recent California appellate decision addressing a challenge under the California Environmental Quality Act (CEQA) and the Williamson Act to the Panoche Valley Solar Project, a photovoltaic solar project on approximately...more