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Five Things Multifamily Developers Should Know About Chicago's Revised Affordable Requirements Ordinance

The calculus has shifted for multifamily developers in Chicago who need zoning changes to accomplish development projects. Recent amendments to Chicago’s Affordable Requirements Ordinance (ARO) — Chicago Municipal Code...more

California Supreme Court Shifts Gears on “Reverse CEQA”

The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”)....more

New regulations will oblige owners of buildings in Scotland to improve or report on energy efficiency of buildings

Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be made for: (1) the assessment of the energy performance of existing non-domestic buildings and greenhouse gas emissions from such buildings;...more

A Good Reminder: State and Federal Wildlife Laws Have Severe Penalties for Harm to Endangered Species

Welcome to the New Year! I have decided to declare 2016 to be the year of the endangered species. Why? We ended 2015 with a bang by seeing how serious the take prohibition in the California Fish and Game Code can be for fully...more

UK Planning Legal Update 2016: What’s the Plan?

There is a huge momentum behind planning and housing reform as the UK government tries to tackle a chronic shortage of housing across the country. The Housing and Planning Bill, the Government’s flagship delivery legislation,...more

Construction Industry Trends to Watch in 2016

We all love new year’s predictions (at least I do). This past week, Construction Drive issued its 10 Construction Industry Trends to Watch in 2016. Some are not terribly surprising, while others might surprise you:...more

Mayor Walsh Updates Boston's Affordable Housing Policy

We previously advised that the Walsh administration’s housing plan included an initiative to change Boston’s Inclusionary Development Policy (IDP). In December of 2015, after nearly a year of study and outreach, Mayor Walsh...more

New Right-of-Way Regulations on Indian Lands

Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

Top Ten Stories in California Construction for 2015

Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more

Construction Continues To Improve, But Are We In A Boom?

Cranes, cement trucks, and street closures seem to be everywhere these days, especially in city centers such as San Francisco and Los Angeles. After the meltdown of 2006, real estate development went into hibernation for...more

The Historic Drought Has Killed Your Lawn, Will It Do The Same To The Construction Industry?

After three years of a historic drought, Californians are now subject to mandatory water rationing, bans on washing cars, and water “only on request” at restaurants. In 2015, California saw a number of new laws, regulations...more

Affordable Housing: An Unsolvable Riddle in California?

Californians have had no concrete relief in the cost of housing throughout 2015. The state’s Legislative Analyst reported in March that the average California home costs $440,000, which was about two-and-a-half times greater...more

Worth the Wait? The California Supreme Court Rules that CEQA Does Not Require An Analysis of the Environment's Impacts on a...

On December 17, 2015, the California Supreme Court issued its long-awaited decision in California Building Industry Association v. Bay Area Air Quality Management District (No. S213478). The sole question before the Court...more

Special Alert: Building Moratorium Initiative

As you may have learned from the news, a group called Coalition to Preserve L.A. (CPLA) is seeking to place an Initiative on the ballot in 2016 that would establish a City-wide building moratorium. The key provisions...more

Denver City Council Passes Construction Defect Litigation Reform Ordinance

After successive failures to pass similar legislation at the state level, the Denver City Council is following Lakewood and other municipalities to pass reforms to curb construction defect litigation. Designed to address...more

Lost in Translation: Supreme Court Elucidates CEQA GHG Analysis, “Fully Protected” Species Take Prohibition, And Issue Exhaustion...

In a 5-2 decision filed November 30, 2015, the California Supreme Court reversed the judgment of the Court of Appeal which had upheld the EIS/EIR for the controversial Newhall Ranch development project. Center For Biological...more

Take of Fully Protected Fish Stops Large Housing Development Project in LA County

While many of us were busy hitting refresh for those great Cyber Monday deals, the California Supreme Court quietly issued its decision on the Newhall Ranch project. In a decision reminiscent of the snail darter era, the...more

Two for Further Review?

It's that time of year again. Time for "Further Review." By that, I mean it's football season, and almost every week, millions of Americans watch in anticipation as black-and-white-striped NFL arbiters retreat to the...more

Rogers v. Forest City Ruling

On Thursday, Nov. 19, 2015, the Colorado Court of Appeals issued an opinion in Rogers v. Forest City Stapleton, Inc. (Case No. 2015COA167), a ruling that may have lasting importance for developers, builders, contractors,...more

Denver City Council Advances Construction Defect Ordinance

The Denver City Council on November 16, 2015 unanimously approved the first reading of a construction defect action reform ordinance designed to spur condominium development in Denver. Like Lakewood and other metro-area...more

Affordable Housing Permit Revoked by Massachusetts Appeals Court

In a recent ruling sure to embolden municipalities seeking to block affordable housing projects, the Massachusetts Appeals Court revoked the approval of a Comprehensive Permit issued under the Anti-Snob Zoning Act, G.L....more

Deadlines Approach to File 2015 Development Approval Extensions

In August, Governor Scott issued a statewide emergency declaration as well as a more localized emergency declaration, providing opportunities for extending certain development approvals within the state of Florida. ...more

Berkeley Hillside CEQA Cat Ex Case Redux: Kapors Get Their Mansion, First District’s Belatedly Published Opinion Upholds City’s...

On remand following a landmark California Supreme Court decision, the First District Court of Appeal filed its opinion affirming the trial court’s judgment on September 23 and later ordered it published on October 15, 2015....more

Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

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