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With the opening of the 84th Session of the Texas Legislature on January 13, 2015, two of the more closely watched bills in the energy arena will be House Bill 539 (HB539) and House Bill 540 (HB540). HB539, filed on December...more
An informal Attorney General advice letter and recent legislation attempt to clarify the Coastal Commission’s powers in carrying out its enforcement authority.
The extent of the California Coastal Commission’s legal...more
(1) GAO Report: EPA Can Do More To Protect Groundwater from Pollutants Associated with Fracking -
On Monday, July 28, the U.S. Government Accountability Office (GAO) released a report stating that EPA can do more to...more
The debate over fracking continues nationwide, but in California there is an increasing focus on one major issue: water supply. With the state facing one of the most severe droughts on record and water regulators tightening...more
A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten...more
Two years ago, the Supreme Court upheld the major domestic policy initiative of President Obama’s first term, ruling that the Affordable Care Act passed constitutional muster. This coming June, the Court will determine the...more
The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more
The Attorney General’s Public Access Counselor (PAC) closed out the year by issuing two binding opinions. The following is a summary of key points from the opinions of which public bodies should be aware....more
The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases.
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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