Construction Zoning, Planning & Land Use

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Affordable Housing is an Economic Development Benefit

When we think of economic development opportunities that lead to greater prosperity, we are likely to think of major employers such as factories, corporate offices, universities or health care centers. ...more

Mileage-Based User Fee Alliance Promotes Alternate Source of Transportation Funding

The Second Annual Conference of the Mileage-Based User Fee Alliance (MBUFA) was held in Washington, DC on February 24, 2015. The MBUFA is a non-profit organization that promotes awareness and education about mileage-based...more

Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not...more

Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona. ...more

Proposed Public/Private Partnership Infrastructure Legislation

A recent report by The Brookings Institution noted that the infrastructure in the U.S. has over the years failed to receive an adequate investment to maintain national growth and economic health. Because of stringent...more

Beware of Citizen Suits for Storm Water Violations

In recent months several private organizations have sent letters to California businesses informing them that they are in violation of their storm water permits and threatening to sue them under the citizen suit provision of...more

Will we see a trend for direct pension fund investment in US greenfields infrastructure?

Although historically the investment profile for pension funds has focused on established brownfields assets, the Canadian Pension Plan Investment Board (CPPIB) has recently invested $525 million AUD into the greenfields...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

Florida Governor Rick Scott Breaks Ground on I-4 Ultimate Project

Florida Governor Rick Scott broke ground yesterday on the I-4 Ultimate Project, which will rebuild I-4 in metro-Orlando. The Project involves the reconstruction of 21 miles of I-4 from west of Kirkman Road in Orange County...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

Miami-Dade County’s P3 Approach to Courthouse Project

From left to right: City of Indianapolis Mayor Gregory Ballard; Bilzin Sumberg partner Albert E. Dotson, Jr.; Miami-Dade County Mayor Carlos Gimenez Last week, Bilzin Sumberg hosted a two-day conference of national and...more

White House Proposes New P3 Financing Tool: Qualified Public Infrastructure Bonds (QPIB)

Last month, the Obama administration proposed the creation of a new kind of municipal bond — Qualified Public Infrastructure Bonds (QPIB), as a way to extend the benefits of municipal bonds to public private partnerships....more

“What’s in a Name?” A Transportation Bill By Another Name… Just Might Pass!

Since I left the Department, I have watched with great excitement and optimism as more and more politicians in Washington talk out loud about passing a transportation reauthorization bill. You have been a tireless and...more

A Prescription for Large Development Projects in 2015: Perseverance!

Large development projects are not for the faint of heart. They test a multitude of resources, including patience, economic capital, the ability to compromise, acumen, creativity, and probably most of all, one’s sanity. There...more

P3 Hub South Live Blogging – Join the Conversation

Bilzin Sumberg, in partnership with P3 Bulletin, is proud to host P3 Hub South, a two-day conference bringing together top national and international players in the public sector, including U.S. government agency officials,...more

Groundwater Regulation on the Rise as Counties Gear Up to Meet Sustainable Management Requirements

The enactment of the Sustainable Groundwater Management Act (SGMA), in conjunction with increasing concern over drought impacts on groundwater supplies, has set the stage for several California counties’ recent adoption of...more

BRA/EDIC Details Response to Audit

Under its newly-appointed director, Brian Golden, the Boston Redevelopment Authority and Economic Development and Industrial Corporation (BRA/EDIC) has released its 2014 Year in Review report entitled “Building the New Boston...more

Court Upholds By Right Reconstruction Of Dimensionally Compliant Nonconforming Use

Closing another loophole in law of nonconforming structures and uses, the Massachusetts Appeals Court has held that no zoning relief is required to tear down and reconstruct a nonconforming use that is dimensionally...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

The City of Fairfax and Affordable Housing

Legislation proposed in the Virginia House of Delegates would give the City of Fairfax specific authority to adopt an affordable housing ordinance offering bonus development density in projects that provide an affordable...more

President Announces New Build America Initiatives; Introduces New Type of Municipal Bond

President Obama recently announced the latest steps federal agencies are taking to better incorporate private sector capital and expertise in improving the nation’s infrastructure. The announcement comes six months after the...more

New P3 Legislation To Take Effect in Washington, D.C.

A new law intended to encourage more widespread use of public-private partnerships (P3s) in the District of Columbia is set to become a reality in the coming weeks. The Public-Private Partnership Act of 2014 (P3 Act) was...more

Transit Oriented Development Critical to Metropolitan Growth

Urban Development: Faster Greener Commutes Key to Sustained City Growth, a report released in October 2014 by Cushman & Wakefield, provided insight into Transit Oriented Development as it explored “the consequences of rapid...more

Positive Signs for New Home Construction

For homebuilders and those who invest in the homebuilding industry, both fundamental and technical indicators forecast strength in the construction sector going into 2015. With regard to fundamental indicators, rising...more

Construction Case Law Update - January, 2015

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

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