Personal Injury Zoning, Planning & Land Use

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Court of Appeal Upholds Anti-SLAPP Motion to Defeat Claims Against Government Agencies

Ruling Allows Government Agencies to Use the Motion to Quickly End Meritless and Vexatious Lawsuits - A government agency can employ an anti-SLAPP motion to win early termination of meritless and vexatious lawsuits...more

Womble Client Wins Stormwater Case in Charlottesville

Another victory in Central Virginia for Womble Carlyle. Last week, Albemarle County Circuit Court Judge Cheryl Higgins ruled in favor of the Shops at Stonefield (also known as Albemarle Place), finding the stormwater...more

Proposed MAEAP Rules Narrow “Right to Farm” Protection

Proposed rule changes in the Michigan Agricultural Environmental Assurance Program (MAEAP) have excluded some farmers from MAEAP verification and protection....more

CT Law of the Land

SC19090, SC19091 - FairwindCT, Inc. v. Connecticut Siting Council - This decision upheld the Siting Council’s authorization to a Pullman & Comley client to install wind turbine electrical generation facilities in...more

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

Editorial: Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more

Confirmation That the Limitation Period for 'Building Actions' is 10 Years, Not Six

The recent Victorian Court of Appeal decision of Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 (Brirek Case) has settled the appropriate time period, at least in Victoria, in which a...more

Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd – more claims against building practitioners?

On 6 August 2014, the Victorian Court of Appeal handed its decision in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165. The decision clarified the operation of limitation periods in...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

Supreme Court Sends Strong Signal that Lower Courts Should Stop Interpreting CERCLA “in a liberal manner” and Focus on the...

The Supreme Court’s decision in CTS Corp. v. Waldburger, No. 13-339, 573 U.S. __ (June 9, 2014), sends a strong message to lower courts that the oft-repeated refrain that CERCLA is a “remedial statute” that must be...more

Statutes of Repose Unaffected by CERCLA Requirement that State Law Incorporate Discovery Rule in Statutes of Limitation

On June 9, in CTS Corp. v. Waldburger, et al., No. 13-339, the U.S. Supreme Court held 7-2, that the Fourth Circuit erred in holding that CERCLA Section 9658 applied to the application of the North Carolina statute of repose,...more

City Not Liable For Mayor's Alleged Improper Conduct

Gong v. City of Rosemead (May 20, 2014, B247601) -- Cal.App.4th --, a Court of Appeal declined to hold the City of Rosemead ("City") liable for the alleged tortious conduct of former mayor and City Council member John Tran...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

Report from Counsel: Insights and Developments in the Law - Spring 2014

In this Newsletter: - Before You Start a Business . . . - Estate Planning—Powers of Appointment - Public Use Required for Eminent Domain - Tax-Free Gains from Home Sales - Recreational-Use...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

Illinois Supreme Court's March Docket Announced

The Illinois Supreme Court has published its docket for the March term in Chicago. The civil cases on the Court's docket include...more

EARL e-News: South Carolina Supreme Court Dismisses Lawsuit Against Carnival Cruise Lines - Updates on Environmental,...

On January 22, 2014, the South Carolina Supreme Court granted Carnival Corporation d/b/a Carnival Cruise Lines’ motion to dismiss the lawsuit brought by several citizen groups in Charleston, South Carolina. The Court held...more

Virginia Supreme Court Opinions Affecting Local Government Law January 10, 2014

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

NEW CASE ALERT (Easement Law): Refusing To Consent To Development Plans May Trigger Tort Liability For Interference With Easement

If an easement owner is required to obtain governmental approval in order to develop that owner’s property, and the neighboring property owner refuses to consent to the development (e.g. refusing to execute consent for a...more

Illinois Supreme Court Debates Limitations and Repose for Architects and Contractors

November was a relatively light month for the Illinois Supreme Court on the civil docket, with only one civil case on for argument. Today, we report on the oral argument in Gillespie Community Unit School Dist. No. 7 v. Wight...more

Third Circuit Decision Finding No CAA Preemption of State Law Nuisance Creates Apparent Split With Fourth Circuit

A recent case from the Third Circuit has muddied the waters for emissions facilities complying with Clean Air Act (“CAA”) permits. In Bell v. Cheswick Generating Station, 2013 WL 4418637 (Aug. 20, 2013), the Third Circuit...more

Louisiana is Walking on Eggshell Skulls

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. Florida distastefully remembers 2005 when four hurricanes — Charley, Frances, Ivan and Jeanne — roared...more

United Kingdom: Minerals Matter - Summer 2013

Summer is finally here and with it comes the latest edition of Minerals Matters. In this edition we have covered a wider range of topics than ever before reflecting the breadth of expertise held within the DLA Piper Mining...more

Public Entities' Discretion in Approving Construction Designs Strengthened - Recent Decision Rejects Adding Requirements for...

The California Court of Appeal recently held that one of the three elements needed to establish the design immunity defense -- discretionary approval -- may be established either by evidence of appropriate discretionary...more

Sansotta v. Town of Nags Head: Localities Cannot Manipulate the Litigation Process to Avoid Taking Claims

On July 25, 2013, the United States Court of Appeals for the Fourth Circuit decided Sansotta v. Town of Nags Head, a case out of North Carolina. Sansotta dealt with the important issue of “ripeness,” which asks whether a...more

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