Civil Procedure, Zoning, Planning & Land Use, Election & Politics Law

Calif. Supreme Court Upholds Medical Marijuana Dispensary Bans

by Josh Crank | Lawyers.com on 5/7/2013

In a unanimous decision, the California Supreme Court upheld a lower court ruling allowing cities and counties in the state to pass blanket bans prohibiting medical marijuana dispensaries....more

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

by Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 4/9/2013

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

CEQA Reform Update

by Douglas Aikins | Hopkins & Carley on 4/2/2013

This year has seen more momentum for CEQA reform than in many previous years. California’s economy has placed a spotlight on the burdens that environmental regulations and litigation, particularly CEQA litigation, impose on...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

by Arthur F. Coon | Miller Starr Regalia on 2/18/2013

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Memo to EPA: Courts Really Don't Like It When You Appear High-Handed

by Foley Hoag LLP - Environmental Law on 3/30/2012

The decision last week by Judge Amy Berman Jackson – an Obama appointee – to reject EPA’s authority to withdraw its “specification” which authorized the Army Corps of Engineers to issue a § 404 permit to the Mingo Logan...more

The Shale Play Today - February 2012

by Spilman Thomas & Battle, PLLC on 2/29/2012

In This Issue: - Judicial Hostility Toward Fracking in N.Y. Reinforces Anti-drilling Perception - Pa. Gov. Corbett Signs New Oil & Gas Legislation - Wheeling, W.Va. Center of Gas Industry Activity - Useful...more

Gas Tax Advances, Statute Of Repose Comes Out of Repose

by Davis Brown Law Firm on 2/20/2012

SSB3141, a bill that would increase Iowa’s gas tax by five cents per year in 2013 and 2014, took another tentative step forward this week when it was voted out of the Senate Transportation Committee. The bill would...more

Ninth Circuit Ruling that Rainwater Runoff from Logging Roads Is a Point Source Discharge Requiring NPDES Permitting Is Under...

by Sutherland Asbill & Brennan LLP on 1/23/2012

In August, 2010, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in NEDC v. Brown, in which the court overturned more than 35 years of U.S. Environmental Protection Agency (EPA) regulations governing storm...more

California Supreme Court Upholds Elimination of Redevelopment Agencies

by Allen Matkins Leck Gamble Mallory & Natsis... on 1/4/2012

In a highly anticipated decision, the California Supreme Court ruled on December 29, 2011, that legislation adopted in July to dissolve redevelopment agencies is constitutional, but that legislation adopted concurrently to...more

Virginia BZAs Get “Off the Hook” on Appeal

by Sands Anderson PC on 7/13/2010

The 2010 Virginia General Assembly adopted HB 1063, which is a helpful simplification of the process by which BZA decisions are appealed to circuit court. It is effective July 1, 2010. Need for the Bill This bill was...more

Is the "Reasonable Person" Dead in Virginia?

by Sands Anderson PC on 1/22/2010

Well, it’s over. The “reasonable person” is dead. Or is it? The U.S. Supreme Court denied the request for a writ of certiorari by the City of Virginia Beach to review the Virginia Supreme Court’s decision overturning the...more

It’s getting hot in here: Things are getting tough at the BZA

by Sands Anderson PC on 12/9/2009

The General Assembly, Virginia Supreme Court and the Virginia State Bar have combined to make the job of our local Boards of Zoning Appeals (BZAs), and that of the local government attorney who deals with them, much more...more

Federal Judge Denies Obama Administration's Motion to Vacate the Stream Buffer Zone Rule

by Dinsmore & Shohl LLP on 9/2/2009

The Obama Administration's efforts to rescind the revised Stream Buffer Zone Rule, enacted at the end of the Bush era, suffered a setback earlier this month. On August 12, 2009, United States District Court Judge Henry...more

Court of Appeal Limits 'Text' Requirement for Local Referendum Petitions

by Sheppard Mullin Richter & Hampton LLP on 8/14/2009

A referendum petition challenging the approval of a development plan need not include the text of the plan itself, if the plan was neither attached to the ordinance approving the plan nor explicitly incorporated by reference,...more

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Civil Procedure › Zoning, Planning & Land Use › Election & Politics Law