Election & Politics Law, Administrative Law, Zoning, Planning & Land Use

Notice Of Public Hearing On Proposed Local Law Town Of Ovid, New York Proposed Local Law “A” Of 2013:

by Steven Getman on 4/10/2013

Notice Of Public Hearing On Town Of Ovid, New York Proposed Local Law “A” Of 2013: “A local law repealing the ‘Mobile Home Code’ and the ‘Mobile Home Ordinance for the Placement of Individual Mobile Homes within the Town of...more

Town board votes to sue town ZBA

by Steven Getman on 12/5/2012

SENECA FALLS — Following a 100-minute closed-door session Tuesday night, the Town Board voted to sue the town Zoning Board of Appeals over a recent decision regarding a downtown building. The board takes issue with the...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

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

Local Government Economic Development Property Tax Exemptions

by Carlton Fields on 11/8/2012

Over the last several years, county and city governments have looked anew at a more than 30-year-old provision in the Florida Constitution that permits using property tax exemptions as economic development tools. The Florida...more

Court Rules City Council Can't Skip CEQA By Adopting Voter-Proposed Legislation

by Perkins Coie on 11/5/2012

How often do we hear project proponents ask whether there is a way to shortcut the CEQA timeline or head off litigation? It's not an unusual question given that some proposals draw fire no matter how much energy goes into...more

Redevelopment: Rising From The Ashes Or Final Death Rattle?

by Sheppard Mullin Richter & Hampton LLP on 10/3/2012

Two cases filed in Sacramento County, City of Cerritos v. State of California and Syncora Guarantee Inc. v. State of California, have challenged the constitutionality of AB 1X 26, the 2011 bill that provided for the...more

CEQA Exception For Bike Lanes Nearing The Finish Line

by Greenberg Glusker Fields Claman & Machtinger... on 9/5/2012

While most attempts to push-through last-minute CEQA reform were parked until next year, one bill, AB 2245, glided through the legislature and now heads to the finish line on Governor Brown’s desk for signature. The bill,...more

Are Courts Actively Limiting CEQA’s Scope In The Absence of Meaningful Legislative Reform?

by Miller Starr Regalia on 9/4/2012

Governor Jerry Brown was recently quoted in a Capitol Alert piece as calling legislative reform of CEQA “the Lord’s work” – hopefully he didn’t mean the quest for the Holy Grail – although he admitted in the same article he...more

Judicial Activism and Judicial Restraint: The 5th Circuit Vacates EPA's Disapproval of Texas SIP Revisions Concerning Minor...

by Foley Hoag LLP - Environmental Law on 8/15/2012

On Friday, in Texas v. EPA, the 5th Circuit Court of Appeals vacated EPA’s decision rejecting Texas’s SIP revisions that would have implemented (and did implement, for 16 years) a Flexible Permit Program for minor NSR...more

North Carolina General Assembly Continues Reform Streak

by K&L Gates LLP on 8/10/2012

After the dust settled on the North Carolina General Assembly 2012 Short Session, 203 bills had become law, a handful of which survived gubernatorial veto. Although the General Assembly did not pass land use reforms as...more

Ohio Takes Next Step to Implement Great Lakes-St. Lawrence River Basin Water Resources Compact

by K&L Gates LLP on 7/27/2012

Ohio House Bill 473 (“H.B. 473” or the “Act”) authorizes the Division of Soil and Water Resources within the Ohio Department of Natural Resources (“ODNR”) to establish a water-withdrawal and consumptive-use permitting program...more

TCEQ "Compliance History" Rule Change to Affect Regulated Facilities in Texas

by Bracewell & Giuliani LLP on 6/29/2012

At the direction of the Texas Legislature, the Texas Commission on Environmental Quality (TCEQ) has for the last decade provided "compliance history" regulations that generate a score for each regulated facility in the state...more

City Council Adopts Amendments to the New Philadelphia Zoning Code

by Ballard Spahr LLP on 6/25/2012

Even before Philadelphia’s new Zoning Code has gone into effect, it has been amended by the City Council. On June 21, 2012, the City Council passed Bill No. 120431, which includes a multitude of technical changes and...more

Ohio Governor Signs Legislation to Address Horizontal Drilling Issues

by Dinsmore & Shohl LLP on 6/18/2012

On June 11, 2012, Ohio Governor John Kasich signed into law Senate Bill 315, ushering in several changes to Ohio’s existing oil and gas laws. The law, pushed by the Kasich Administration, addresses what had been perceived as...more

Limited Gas Drilling in New York?

by Cullen and Dykman LLP on 6/15/2012

The New York Times recently reported that Governor Andrew M. Cuomo’s administration is quietly contemplating allowing hydraulic fracturing to occur on a limited basis in towns that welcome drilling and in areas where the...more

2012 Florida Legislation Amending Florida Growth Management Laws Including 2011 Florida Community Planning Act

by Rosa Eckstein Schechter on 6/6/2012

Last December, we wrote on the constitutional challenge made by the Town of Yankeetown, Florida, to portions of the Florida Community Planning Act with the resulting settlement which included proposed legislation that would...more

2012 Growth Management Bills Become Law

by Akerman Senterfitt on 5/16/2012

On May 4, 2012, Governor Scott signed into law HB 503, the last of the growth management bills highlighted in our Practice Update of March 30, 2012, Florida Legislative Session Clarifies Growth Management, Provides New...more

New National Planning Policy Framework for England

by K&L Gates LLP on 4/13/2012

The much anticipated National Planning Policy Framework (NPPF) has now become a reality. Over a thousand pages of guidance in 44 separate policy documents have been withdrawn. The 52 pages which replace them all are promised...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

Act 13 of 2012 – Implementation of Unconventional Gas Well Impact Fee Act

by McNees Wallace & Nurick LLC on 2/27/2012

On February 14, 2012, Governor Corbett signed House Bill 1950 into law as Act 13 of 2012, the Unconventional Gas Well Impact Fee Act ("Act 13"). Act 13 provides for an impact fee, Oil and Gas Act (Title 58)...more

Spilman News Alert: Pa. Gov.Corbett Signs New Oil & Gas Legislation

by Spilman Thomas & Battle, PLLC on 2/14/2012

On February 13, 2012, Pennsylvania Governor Tom Corbett signed House Bill No. 1950 into law, approving major changes to the Pennsylvania Oil and Gas Act, most notably an impact fee on unconventional drilling operations. Along...more

California Supreme Court Kills Redevelopment Agencies. Now What?

by Snell & Wilmer L.L.P. on 1/17/2012

California’s redevelopment agencies (RDAs) receive 12 percent of the state’s property tax revenue. In this economic climate, that put a bull's-eye on their heads. Upon taking office, Governor Brown pushed through legislation...more

Update on Redevelopment Law: The Supreme Court Makes it Official - Redevelopment is Dead in California

by Sheppard Mullin Richter & Hampton LLP on 12/29/2011

The California Supreme Court released its opinion today in California Redevelopment Association v. Matosantos, challenging the Legislature's adoption of AB 1X 26, providing for elimination of California redevelopment agencies...more

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Election & Politics Law › Administrative Law › Zoning, Planning & Land Use