Environmental Zoning, Planning & Land Use Construction

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Surface Transportation Board Rules That ICCTA Preempts CEQA Review of California’s High-Speed Train System

On December 12, 2014, the Surface Transportation Board (STB) issued a decision, in response to a petition filed by the California High-Speed Rail Authority (Authority), finding that the Interstate Commerce Commission...more

Construction E-Note - December 2014

In this issue: - Construction Expected to Increase in 2015 - What Now? Why Maryland's Decision to Recognize the International Green Construction Code May Signal a Major Shift in the Means Utilized to Implement...more

What Now? Why Maryland's Decision to Recognize the International Green Construction Code May Signal a Major Shift in the Means...

There is little doubt that the U.S. Green Building Council (the “Council”) and its established Leadership in Energy and Environmental Design, or LEED, green building certification program have had a major impact on the United...more

Turning Manure into megawatts (Swine Farm Biogas Renewable Energy Project)

As I noted in my last post, Withers & Ravenel’s Swine Farm Biogas Renewable Energy Project, located in Bladensboro, North Carolina, is one of this year’s ACEC Excellence in Engineering Award winners....more

Construction & Land Use Newsletter - December 2014

In This Issue: - Protecting Your Brand: A Gift Not Reserved for the Holidays - Amendment to the Interstate Land Sales Full Disclosure Act - Changes are Coming to ISD - Arlington’s New LEED...more

Bats, Water, Soil, and Bridges- an Engineer’s dream

Want to know how bats may effect your engineering plans? Want to hear about cool new bridges? Read on. Over the past month, I’ve had the pleasure of attending two events hosted by the North Carolina Chapter of the...more

What CEQA Gives, The Legislature Can Take Away: Third District Holds Special Legislation For Sacramento Kings Downtown Arena...

The Third District Court of Appeal, in a published opinion filed November 20, 2014, affirmed the trial court’s order denying plaintiffs’ application for a preliminary injunction seeking to halt construction of a massive new...more

Baltimore City Council Adopts IgCC

Lost in the noise from the Baltimore City Council’s recent adoption of legislation requiring police body cameras and banning plastic bags, was news of the Council’s adoption of the International Green Construction Code...more

How to Speak Storm Water in 2015: Terminology from the New Industrial General Storm Water Permit

As my colleague Missy Foster recently reported, the deadline for compliance with California’s new Industrial Storm Water permit (2014 Permit) is fast approaching. There is a lot to learn about the 2014 Permit before it takes...more

Goodwin Procter and Boston Bar Association Host “Gaming in Massachusetts: Where Do We Go From Here?” Expert Panel

Just nine days after Massachusetts voters overwhelmingly supported a future for gaming in Massachusetts by rejecting an effort to repeal the state’s casino law, Goodwin Procter’s Gaming and Gambling Practice co-hosted an...more

Upcoming Deadline for 2-year Extensions of Development Orders and Building Permits

Bilzin Sumberg's Land Development & Government Relations Group wants to remind you that if you have a current permit or development order that is scheduled to expire between January 1, 2014 and January 1, 2016, you have until...more

Florida Legislature Offers Permit and Development Order Extension Opportunity - Written Notification Due to the Authorizing Agency...

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and...more

New Water Infrastructure Legislation Deadline for Submissions Is Dec. 3 - Innovative Projects and Creative Financing Are Favored...

The Water Resources Reform and Development Act of 2014 (WRRDA) is a major update and reformation of prior water infrastructure legislation at the federal level. Under WRRDA, developments such as port facilities, water supply,...more

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...more

Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

ULI Releases Report on Risks of Urban Flooding

The Boston/New England chapter of the Urban Land Institute (“ULI”) has released a report exploring design, policy and risk management strategies to help Boston and nearby cities such as Cambridge and Revere prepare for...more

Chile Announces New Public Land Concessions for Non-Conventional Renewable Energy Projects

On October 1, 2014, Víctor Osorio, Chile’s Minister of Natural Resources, announced that 200 public land concessions were being made available, through a cooperation agreement with the Ministry of Energy, to Non-Conventional...more

The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a...more

Update on the California High Speed Rail System

James Andrew, Assistant Chief Counsel for the California High-Speed Rail Authority (“CHSRA”), spoke Tuesday, October 14, at the Sacramento County Bar Association, Environmental Law Section Luncheon. He stated that High-Speed...more

FHA Multifamily Rental Project Closing Document Revisions

The U.S. Department of Housing and Urban Development (HUD) has released revised closing documents that must be used for all transactions with a commitment issued after August 10, 2014. HUD has instituted a grace period in...more

Dealing With NIMBYs in Local Land Use and Environmental Approval

A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the...more

Desert Renewable Energy Conservation Plan to Streamline Permitting for 20,000 Megawatts of Renewable Energy

On September 23, 2014, the California Energy Commission (“CEC”), California Department of Fish and Wildlife (“CDFW”), US Bureau of Land Management (“BLM”), and US Fish and Wildlife Service (“FWS”) released the Draft...more

FERC approves Maryland LNG project

A proposed Maryland natural gas liquefaction facility won a key federal approval yesterday, as the Federal Energy Regulatory Commission authorized Dominion Cove Point LNG, LP to build the Cove Point Liquefaction Project in...more

New Law Requires Formal Consultation with Native American Tribes During CEQA Process

Agencies Must, Upon Request, Consult With Tribes About “Tribal Cultural Resources” - Assembly Bill 52, signed yesterday by Gov. Jerry Brown, seeks to protect a new class of resources under CEQA: “tribal cultural...more

Three NEPA Practices That Should Go the Way of Voting on Tuesdays

...national elections are still held on Tuesdays early in November and it appears to be stuck that way, even at the expense of broader citizen engagement. NEPA practice follows this same trend, often at the expense of...more

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