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State Bar, Environmental Law Section Presents Update on Fracking Regulations

The California State Bar, Environmental Law Section hosts an annual conference which welcomes attorneys and students from across the state to learn and discuss cutting edge environmental law issues. This year’s Environmental...more

Enhanced Infrastructure Financing Districts: New Hope for Cities and Counties

On September 29, 2014, Governor Jerry Brown signed into law Senate Bill 628 (Chapter 785) which provides a mechanism for cities and counties to form Enhanced Infrastructure Financing Districts (EIFDs) to divert property tax...more

California Enacts Comprehensive Groundwater Management Legislation

On September 16, 2014, California Governor Jerry Brown signed into law a historic package of three bills—Senate Bill 1168, Senate Bill 1319 and Assembly Bill 1739—instituting comprehensive groundwater management in...more

Dr. Seuss Explains "Zoning Reform"

It's not every day that an adult discussion about zoning reform begins with a reference to children's poetry, but so be it. Most [Real Estate Bar Association for Massachusetts] REBA members have at least a passing...more

Suit by Denton, Texas, Royalty Interest Owners Could be Harbinger of More Suits If Proposed Hydraulic Fracturing Ban Passes

Ahead of the November 4th vote that could make it the first city in Texas to ban hydraulic fracturing, the City of Denton has been sued by a group of royalty interest owners claiming that the city’s current temporary ban...more

Feds approve Quebec-to-NY power line

A proposed electric transmission line connecting Quebec to New York will receive a key federal approval, according to the U.S. Department of Energy. The Energy Department's decision to issue a Presidential permit to...more

Substantive Dispute over Land Application of Biosolids Remains Unresolved

Form over substance continues to obscure the substantive issue presented in the case of the City of Los Angeles (City) vs. Kern County (County). At its core, the dispute involves the land application of biosolids. Biosolids...more

New Law Expands Local Control Over Massage Industry

Law Revises Legislation Set to Sunset This Year - A new law substantially revises the state’s regulation over the massage industry, including expanding cities’ and counties’ ability to regulate massage therapists and...more

California Proposes Overhaul of Standards for Analyzing Traffic Impacts

Last month Governor Jerry Brown’s Office of Planning and Research (OPR) released for public review and debate proposed draft amendments to the California Environmental Quality Act’s implementing guidelines (CEQA Guidelines)....more

Bridging Troubled Water: Yes or No on California Prop 1?

Fall is here. Most of us can't tell, given the soaring temperatures outside. A better thermometer might be the onslaught of political commercials we're now seeing on television. To prepare for the elections in...more

New Law Requires Cities and Counties to Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems

Cities and Counties Must Enact New Solar Permitting Ordinances by Sept. 30, 2015 - A new law imposes requirements on cities and counties regarding permitting for small residential rooftop solar energy systems. Under AB...more

California’s New Streamlined #Solar Permitting Law Goes into Effect

Over the weekend, California Governor Jerry Brown signed AB 2188, which is designed to streamline the permitting process for small rooftop solar systems. The new law seeks to give California’s Million Solar Roofs target a...more

Industry Group Opposes Illinois Fracking Rules

Labor groups and members of the oil and gas industry have joined together in calling for the overhaul of recently proposed rules governing fracking in the state. The pro-fracking coalition, known as Grow-IL, argues that the...more

Massive California Water Bond Slated for November 4 General Election as Proposition 1

2014 Water Bond targets state’s long-term water needs and aquatic ecosystems. Two months from today, the California electorate will vote up or down on a massive water bond which Governor Jerry Brown signed on August...more

Legislature Adopts Historic Sustainable Groundwater Management Act

Act Imposes Groundwater Management and Reporting Requirements on Local Agencies - On Friday night, the California Legislature adopted a lawmaking package, including Senate Bills 1168 and 1319 and Assembly Bill 1739,...more

Drilling Bill Fails in Assembly

SB 1096 (Jackson), which sought to foreclose the possibility of oil drilling in state waters from wells that could be drilled at Vandenberg Air Force Base, was defeated in the Assembly on Tuesday...more

California Environmental Law and Policy Update - August 2014 #6

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Governor’s Passion For Legislative CEQA Reform Has Waned, Contra Costa Times Reports After Mercury News Interview

On August 15, 2014, the Contra Costa Times reported on a wide-ranging interview of California Governor Jerry Brown conducted by the Mercury News opinion and editorial board on that same date. While largely devoted to other...more

California Coastal Commission Further Solidifies Enforcement Powers

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

OPR Proposes to Increase CEQA’s Costs, Complexity, and Litigation Risks with SB 743 Implementation

On August 6, 2014, the Governor's Office of Planning and Research (OPR) issued proposed revisions to the California Environmental Quality Act (CEQA) guidelines implementing SB 743 – the Sacramento Kings arena bill – carried...more

Real Estate and Land Use - August 2014

Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. - Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative...more

Tuolumne Jobs Case

The California Supreme Court has just issued an opinion which may encourage the use of initiatives. At issue in the case was an initiative to adopt a specific plan to streamline approval for construction and operation of a...more

Governor Changes His Mind on CEQA Reform

In published reports, Gov. Jerry Brown discussed that he has had a spiritual conversion, of sorts, on his plans for CEQA reform. He strongly telegraphed that, if he wins a second term, he will not be making a push for CEQA...more

Fracking Hearings Set to Begin in North Carolina

This Wednesday in Raleigh will see the first of four upcoming public hearings in North Carolina over the state’s proposed fracking rules. The hearings are part of the final phase of rule making, coming after two years of...more

Massachusetts Gaming Commission Receives Final Community Input for Eastern Massachusetts Casino Applications

The Massachusetts Gaming Commission (“Commission”) held two public hearings the week of August 11, 2014 to finalize the comment process before awarding the Boston-area casino license. The Commission held the first hearing...more

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