Administrative Agency Construction Zoning, Planning & Land Use

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Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

New Law Allows Mining Operators to Remedy Compliance Issues and Retain AB 3098 List Status

Mining companies are subject to myriad requirements under the Surface Mining and Reclamation Act (SMARA) and implementing regulations that can trip up even the most diligent of operators from time to time. When a potential...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

ABRvS 7 augustus 2013, JB 2013/185 m.nt. H.P. Wiersema (Reusel-de Mierden)

Deze uitspraak gaat over verbeurde dwangsommen wegens niet tijdig beslissen en terugwerkende kracht. De ABRvS overweegt dat door de vernietiging van de uitspraak van de rechtbank en van het besluit van 26 juli 2011 is...more

Governmental Agencies and Regulatory Boards Must Now Provide a Reasoned Explanation for Their Decisions in Illinois

The days of governmental agencies or regulatory boards issuing decisions without providing any reasoning may be nearing an end. The Illinois Appellate Court for the Fourth District recently clarified in Medina Nursing Center,...more

Mind Your Administrative P's & Q's When Rejecting Energy Code Changes

The Court of Appeals of the State of New Mexico handed down a limited win for energy code advocates, holding that adopting changes to building codes that removed energy conservation provisions without any justification...more

BuildSouth: Considering Construction Delivery Methods On Public Works

Originally Published In BUILDSouth, Winter 2013. Historically, in Alabama, the project delivery methods available for owners to de-sign and construct private projects have differed from those delivery methods available...more

EPA Tightens Air Quality Standards for Fine Particles

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more

State Mandated Accessibility Inspections

In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local...more

Resilient Masonry Buildings — Saving Lives, Livelihoods and the Livability of Oregon’s Historic Downtowns

Originally published in the Historic Preservation League of Oregon (“HPLO”) Special Report on October 25, 2012. The Purpose of the Preservation Roundtable; Why This Matters; Executive Summary; Background & Definition of...more

DISPUTE RESOLUTION: Tort Litigation: FERC Denies Marcellus Shale Natural Gas Radon Lung Cancer Risk Claim by Ralph H. Johnson

The Federal Energy Regulatory Commission (FERC) recently rejected claims that radon in Marcellus Shale natural gas would lead to thousands of lung cancer deaths. These claims arose from FERC’s May 21, 2012 grant of a...more

Deadlines Approach To File For Tropical Storm Extensions: Governor Scott Issues Extension of Emergency Declaration in Certain...

Akerman's Practice Update of October 19, 2012, contains information regarding extensions available for certain development permits and approvals pursuant to Section 494 of Chapter 2011-142, Laws of Florida. Section 494...more

Fee-in-Lieu of Tax (“FILOT”) and Multi-County Park (“MCP”) / Special Source Revenue Credit (“SSRC”) Arrangements - Developer...

In This Presentation: FILOTs and MCPs/SSRCs – Developer Issues ..Basic Property Taxes Calculation ..FILOTs – The Basics ..Developer FILOT Project Scenario ..Developer FILOT Arrangements ..Key Issues in...more

Construction Codes: Putting Your Vote Into Action

The upcoming presidential election has dominated the headlines. As a nation, our attention has been focused on the state of current laws, the prospect of future laws, and even the need for certain laws. As an industry,...more

BSC Wants Your Input!

The Building Standards Commission ("BSC") recently initiated formal rulemaking and public review for portions of the 2012 triennial code update to the California Building Standards Code ("Code"). ...more

Charter Cities Are Not Required to Pay Prevailing Wages on Local Public Works Projects

Labor unions have long been at odds with California charter cities over whether such cities must pay prevailing wages on public works projects. While many charter cities have either not exempted themselves from state...more

Litigation Update: California Supreme Court Grants Review Of L.A. Light Rail Case

On August 8th, the California Supreme Court granted review of the Second District Court of Appeal’s decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority. As previously blogged in April, the...more

The New Code: Big Changes for Zoning in Philadelphia (part 5)

Previously, in our Five-Part Series on Philadelphia's New Zoning Code, we provided an Overview, explored changes in Community Involvement and Civic Design Review, outlined new Base Zoning Districts and Overlay Districts, and...more

North Carolina General Assembly Continues Reform Streak

After the dust settled on the North Carolina General Assembly 2012 Short Session, 203 bills had become law, a handful of which survived gubernatorial veto. Although the General Assembly did not pass land use reforms as...more

It’s Out: The Latest Draft Permit For California Industrial Storm Water Dischargers

The State Water Board is moving closer to reissuing the Industrial General Storm Water Permit (IGP) with the release of a draft for public review and comment. This lengthy draft differs substantially from current requirements...more

The New Code: Big Changes for Zoning in Philadelphia (Part 3)

Part Three: Base Districts and Overlays With the August 22 effective date for Philadelphia's New Zoning Code fast approaching, we continue our Five-Part Series exploring the big changes in store. In our previous...more

Developing Affordable Housing on Brownfields – A Natural Connection by Jason Lichtstein

Originally published in The Florida Housing Coalition - Volume 28, No. 2. Affordable housing developers naturally understand the value of urban infill sites to their projects, given their central location and proximity...more

Proposed S.B. 226 CEQA Guidelines Seek to Expedite Environmental Review for Infill Development

Senate Bill 226 was enacted in 2011 to streamline review of infill development projects under the California Environmental Quality Act (CEQA), directing the Natural Resources Agency to adopt standards for eligible projects by...more

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