Administrative Law, Zoning, Planning & Land Use, Conflict of Laws

Medical Marijuana Dispensaries Are Now Operating in Arizona

by Neil Alexander, Kristy Peters | Littler on 12/13/2012

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The...

by Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 11/26/2012

A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that...more

NH Supreme Court Rules That State Law Preempts Municipal Restrictions on Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 11/19/2012

On November 9, 2012, the New Hampshire Supreme Court issued its decision in Town of Carroll v. Rines (“Rines”), invalidating certain municipal regulations that limited excavations....more

Impossible and Useless CEQA Review Is Required If City Opts Under Elections Code to Adopt Legislative Project Approvals Proposed...

by Miller Starr Regalia on 11/9/2012

In a case notable for its unique conception of “meaningful discretion” for purposes of triggering CEQA review, the Fifth District Court of Appeal has created a split in authority that will undoubtedly require Supreme Court...more

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

by Greenberg Glusker Fields Claman & Machtinger... on 8/21/2012

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

Federal Government's Eminent Domain Power Trumps California's Sovereign Public Trust Title

by Sheppard Mullin Richter & Hampton LLP on 7/19/2012

The United States condemned tide and submerged lands leased by the Port of San Diego to the U.S. Navy. The Port held the lands under a trust grant from the State of California, and therefore defending the state’s sovereign...more

D.C. Circuit Rebuffs Challenges to EPA’s Climate Change Regulations

by Morrison & Foerster LLP on 6/27/2012

In considering the most serious efforts to date to invalidate the federal climate change regulations, the U.S. Court of Appeals for the D.C. Circuit unanimously upheld several of EPA’s Clean Air Act greenhouse gas (GHG)...more

Pennsylvania Passes Comprehensive Amendments to Oil and Gas Laws

by Morgan Lewis on 2/15/2012

On February 13, Governor Tom Corbett signed House Bill 1950, amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes. This legislation, most of which will become effective on April 13, imposes a drilling...more

Pennsylvania’s Oil and Gas Act Amended to Require "Uniformity" with Respect to Municipal Ordinances Regulating Oil and Gas...

by K&L Gates LLP on 2/9/2012

On February 8, 2012, the Pennsylvania General Assembly passed House Bill 1950, which makes a series of reforms to the Commonwealth’s Oil and Gas Act, 58 P.S. §§ 601.101 et seq. Among the reforms to the Act...more

Local Matter Or Federal Case? The Network Of Cell Tower Regulation In California By Arthur F. Coon and Sean Marciniak*

by Miller Starr Regalia on 8/3/2011

I. INTRODUCTION. Few planning and zoning decisions generate more controversy than the placement of cellular phone antennas. If the proposed site lies near a residential area, neighbors often will organize for purposes...more

Judge Gold Orders Fed Takeover of Florida Water Oversight: Governor Scott Appeals

by Rosa Eckstein Schechter on 5/2/2011

During the same week that history was made as the Chairman of the Federal Reserve gave the first press conference ever offered by the Fed (ever), a federal district judge in Miami opened the doors for the federal government...more

EPA's New Source Performance Standard Does Not Apply To Discharges of Mining Slurry Regulated Under Section 404 of The Clean Water...

by Sheppard Mullin Richter & Hampton LLP on 7/8/2009

On June 22, 2009, the United States Supreme Court held that the new source pollution standards in Section 306(b) of the Clean Water Act (the “CWA”) did not apply to discharges of slurry from a rehabilitated “froth-flotation”...more

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Administrative Law › Zoning, Planning & Land Use › Conflict of Laws