Environmental Zoning, Planning & Land Use Construction

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Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

City Fails to Adequately Mitigate "Urban Decay" and Energy Impacts of Big Box Retail Project

In the latest decision addressing challenges to "big box" projects under the California Environmental Quality Act ("CEQA"), on February 28, 2014, the California Court of Appeal invalidated the approval of a retail project in...more

Second District Addresses Interesting CEQA and CESA Species Mitigation Issues in Lengthy Partially Published Opinion Upholding...

In a lengthy, mostly published opinion filed on March 20, 2014, the Second District Court of Appeal reversed the trial court’s judgment granting a writ of mandate, and upheld – as against state law challenges brought by a...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

Green Law Corner: What LEED v4 Means for You

In late 2013, the U.S. Green Building Council released its latest version of LEED, Version 4. Most of you have certainly heard of LEED but you may not know what LEED really means. LEED stands for Leadership in Energy and...more

California High Speed Rail Authority Gains New Approvals to Move Project Forward: Eminent Domain Proceedings Commenced on Eight...

Despite recent obstacles, the California High Speed Rail Authority (the “Authority”) remains steadfast in its determination to complete the high-speed rail project (the “Project”), bolstered by recent approvals from various...more

Overreaching to Apply CEQA; Second District Strikes Down LA’s Attempted Mid-Game Rule Change in Tower Lane Properties

Sometimes in the land use world, municipal planners and other regulators need to be reminded of the simple things. For example, a fundamental precept of due process is that the rules cannot be changed in the middle of the...more

SB 1270 Proposes Significant California Mining Reform

The recent submittal of significant proposed revisions to California's mining law, the Surface Mining and Reclamation Act ("SMARA"), signals potentially broad-reaching changes to the statute. On February 21, 2014, Senator...more

Tower Lane Properties v. City of Los Angeles: JMBM Prevails in Published Court of Appeal Opinion Holding that a City's Erroneous...

JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court's published opinion will come as welcome relief to property...more

Mitigate Early and Often: Four Public Agency Strategies for Streamlining Projects

BB&K's Steven Anderson and Lucas Quass Offer Tips for Environmental Mitigation - Like private development, public projects must frequently obtain and comply with a variety of state and federal regulatory permits. Too...more

Changes To California Title 24 Energy Use Requirements Effective July 1, 2014

On July 1, 2014, 2013 CALGreen, Part 11, Title 24, of the California Code of Regulations will go into effect. As a result, certain nonresidential additions and alterations will trigger compliance with more stringent...more

City of Benicia Moves Forward with Potential Eminent Domain for Bus Hub Project

The City of Benicia recently secured funding to build the Benicia Industrial Park Bus Hub, a project that has been on the City's drawing board for years. But there are still some hurdles to construction. The City will need...more

Governor's Budget Proposal Throws a Life Preserver to the High-Speed Rail Project

On the heels of Sacramento County Superior Court Judge Michael Kenney’s decision halting an $8 billion bond sale for the construction of the California high-speed rail (“HSR”) project, Governor Jerry Brown has submitted a...more

Ninth Circuit Upholds BLM’s Environmental Assessment Allowing Expansion of the Reid Gardner Generating Station

The Ninth Circuit Court of Appeals recently upheld summary judgment in favor of the Bureau of Land Management (BLM) regarding its assessment of the potential environmental impact of a proposed expansion of the Reid Gardner...more

EARL e-News: DHEC Publishes Updated List of Exempt Sources of Air Emmissions

On November 22, 2013, the South Carolina Department of Health and Environmental Control (DHEC) published a list of source for which no construction permit is required. ...more

Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle...more

The Keystone Pipeline's Legacy in Texas Condemnation Law

Construction of the 485-mile-long southern portion of the TransCanada Keystone Pipeline system (known as the Gulf Coast Project) is scheduled to be completed and operational by the end of 2013, but it leaves a legacy of...more

Sea Level Rise Guidance For Agencies, Cities

In 2008, former Gov. Arnold Schwarzenegger signed an executive order calling for the development of a statewide strategy and ordered state agencies to plan for sea level rise impacts. And Oct. 14, following Gov. Jerry Brown's...more

All About “Commitment”: CEQA Review is Not Triggered By Orange County’s AB 900 Application For State Funding To Expand Existing...

In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial court’s judgment denying the City of Irvine’s writ petition seeking to compel...more

Major Roadblock in High-Speed Rail Project's Track

A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny...more

Secretary's Order Encourages Mitigation Efficiency and Predictability for Infrastructure Development Projects on Federal Lands

On October 31, 2013, U.S. Interior Secretary Sally Jewell issued Order No. 3330 to establish a Department-wide mitigation strategy that focuses on mitigation opportunities at the landscape level. Order No. 3330 is part of a...more

Low Impact Development’s Supersized Stamp on California Storm Water Regulation

Without much fanfare, low impact development (“LID”) practices have become a dominant trend in federal and California storm water regulation. The California State Water Resources Control Board (“State Board”) and the Regional...more

Some Panhandle Development Permits Eligible for Six-Month Extension Due to Tropical Storm Karen Order

A permit and development order extension opportunity is available until January 6, 2014, for 18 Panhandle counties as a result of the threat posed to Florida by recent tropical storm activity. The extension offers an...more

ABRvS 7 augustus 2013, JB 2013/185 m.nt. H.P. Wiersema (Reusel-de Mierden)

Deze uitspraak gaat over verbeurde dwangsommen wegens niet tijdig beslissen en terugwerkende kracht. De ABRvS overweegt dat door de vernietiging van de uitspraak van de rechtbank en van het besluit van 26 juli 2011 is...more

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See...more

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