Administrative Agency Construction Zoning, Planning & Land Use

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SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

EPA and U.S. Army Corps of Engineers Finalize Rule Expanding Federal Jurisdiction Over Waters and Wetlands - June 2015

On May 27, 2015, the United States Environmental Protection Agency and the United States Army Corps of Engineers released a final rule expanding federal jurisdiction under the Clean Water Act. The rule expands on existing law...more

B.C. Court of Appeal Overturns Restrictive Public Disclosure Standards for Development Projects

The City of Vancouver and Brenhill Developments Ltd. successfully appealed the January 27, 2014, decision of the BC Supreme Court (BCSC) in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117. The appeal...more

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance...more

Major Revision to Development of Regional Impact Review Process Passed by 2015 Florida Legislature; Awaits Action By Governor

On April 24, the Florida House of Representatives added its approval to CS/CS Senate Bill 1216, an omnibus growth management bill. Most significantly, for new projects that are not currently exempt, the bill replaces the...more

HUD publishes update to Section 3 regulation in the Federal Register

As an update to our blog of last week, HUD published a new notice that updates the interim regulation at 24 CFR Part 135, which provides for compliance with Section 3 of the Housing and Urban Development Act of 1968 (Section...more

What’s a Significant Nexus? The Answer, My Friend, Is Flowin’ Through the Ditch.

Even assuming that the “significant nexus” test from Justice Kennedy’s concurring opinion in Rapanos defines waters of the United States subject to Clean Water Act jurisdiction, the question remains what establishes a...more

HUD Clarifies How Davis-Bacon Applies to Project-Based Voucher and RAD Programs

The U.S. Department of Housing and Urban Development (HUD) recently published a new notice pertaining to the applicability of Davis-Bacon labor requirements to housing considered to be “existing” housing under the...more

Failure to Describe Project Changes Results in 180-Day Statute of Limitations for CEQA Challenge (Ventura Foothills Neighbors v....

Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more

How CEQA’s Administrative Record Preparation Process Could Be Reformed By Eliminating CEQA Petitioners’ Statutory Option To...

I recently analyzed proposed legislation (SB 122) seeking to create an alternative procedure for preparation of the CEQA administrative record concurrently with administrative proceedings on a project and prior to any...more

MEPA Climate Change Adaptation and Resiliency Policy Available for Public Comment

The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is accepting public comments on its proposed draft Massachusetts Environmental Policy Act (MEPA) Climate Change Adaptation and Resiliency Policy...more

Proposed Main Extension Rules May Impact Developers

Developers and other interested parties still have time to submit comments on the State’s proposed regulations on utility main extensions; the deadline is January 30, 2015. The proposed regulations, published in the New...more

Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

Three NEPA Practices That Should Go the Way of Voting on Tuesdays

...national elections are still held on Tuesdays early in November and it appears to be stuck that way, even at the expense of broader citizen engagement. NEPA practice follows this same trend, often at the expense of...more

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

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

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

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