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Zoning, Planning & Land Use Updates

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El FDEP emite una orden para restaurar los daños estructurales tras el huracán

by Bilzin Sumberg on

Propietarios y entidades públicas y privadas: El 5 de septiembre de 2017, el Departamento de Protección Ambiental de Florida (Florida Department of Environmental Protection, FDEP) emitió la orden final de emergencia OGC...more

MI Farmers React to EPA Announcement to Formally Rescind WOTUS Rule

by Varnum LLP on

Michigan farmers have actively challenged the necessity of the Obama administration’s Water of the U.S. or WOTUS Rule. Michigan Farm Bureau Associate National Legislative Counsel John Kran recently reacted to the announcement...more

Westhampton Beach Park Fee Upheld

by Farrell Fritz, P.C. on

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a decision by the Appellate Division upholding a $776,307 “Park Fee” imposed by the Village of Westhampton...more

Court Rejects Labor Union’s Referendum Petition to Thwart City’s Sale of Land to Private Hotel Developer Whose Project Would Not...

by Miller Starr Regalia on

The use and abuse of the California Environmental Quality Act and the elections laws by special interests such as business competitors and labor unions is a pervasive and problematic feature of the California development...more

Air Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Rubber Products Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Alliance Rubber Company (“ARC”) entered into a September 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No....more

Examination of Vegetation Management Requirements for Electricity Assets Located on Federal Lands: September 19th U.S. Senate...

The United States Senate Committee on Energy and Natural Resources held a hearing titled - To Examine Vegetation Management Requirements for Electricity Assets Located on Federal Lands - The hearing was also scheduled...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

RLUIPA Suit Against Colonie, NY Dismissed As Unripe

A federal court in New York has dismissed religious discrimination and related claims alleged by an evangelical Christian church (the “Church”) against the Town of Colonie, New York, its agencies and officials (the “Town”),...more

Supreme Court Ruling Could Contradict Pa. Law

by Barley Snyder on

A recent U.S. Supreme Court decision could mean states now will have to allow public funds to be funneled to religious institutions. In Trinity Lutheran Church of Columbia, Inc. v. Comer, the Court held that Missouri...more

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

by Nossaman LLP on

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the...more

District Court Invalidates Wheat Ridge Anti-TIF Initiative

On September 8, 2017, a Jefferson County District Court ("Court") essentially struck down Ballot Question 300 (“BQ300”), approved by the Wheat Ridge ("the City") voters on November 3, 2015. The ballot question was an...more

Yonkers Wins Below: Appeal Pending

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement...more

Florida Development Permits Eligible for Extension Due to Hurricane Irma

by Holland & Knight LLP on

A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

Council on Environmental Quality Releases Initial List of Actions to Streamline NEPA Reviews

by WilmerHale on

Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807, which was intended to streamline the federal review of major projects under the National...more

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

by Dickinson Wright on

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of...more

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

The Opposite of CEQA Reform: Legally Flawed AB 890 Would Expand Opportunities for CEQA Litigation Abuse While Abridging...

by Miller Starr Regalia on

AB 890 (Medina – D), recently sent to Governor Brown for action by October 15, seeks to amend Government Code § 65867.5 and to add §§ 65363 and 65850.10 to prevent development agreements and certain types of land use planning...more

Stormwater Enforcement: U.S. Environmental Protection Agency and Sanford, North Carolina Foundry Owner Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Hallman Foundry, LLC and A. Stucki Company (collectively “Hallman”) entered into a September 5th Consent Agreement (“CA”) addressing alleged violations of a Clean...more

Recent Federal Actions to Streamline the NEPA Process

by Stoel Rives LLP on

There has been a string of actions in the past few weeks addressing the federal government’s policy goal of streamlining the NEPA review process. Although a number of actions have been taken, it presently boils down to this:...more

Sky bridges are making a comeback in these pedestrian-friendly times

Younger workers, aged 18-34 years old (yes, Millennials), prefer walking as a mode of transportation by 12 percentage points over driving, prefer living within walking distance of shops and restaurants, and having short...more

Cleaning Up After The Storms

Building and Development Permits - While Florida was bracing for the impact of Hurricane Irma, Governor Rick Scott issued Executive Order No. 17-235, declaring a state of emergency for all 67 of Florida’s counties. Due to...more

Legislature Seeks To Prevent Local Voters From Enacting Many Types of Pro-Development Initiatives

by Perkins Coie on

The California Legislature just sent another “stop me before I vote again” bill to the Governor. Assembly Bill 890 proposes to limit severely the scope of voter-sponsored, pro-development land use initiatives. The Governor...more

FDEP Issues Order to Restore Structural Damage Post Hurricane

by Bilzin Sumberg on

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated...more

Department of Justice and Bensalem Township, PA Settle Lawsuit Over Mosque Denial

The United States Department of Justice (“DOJ”) has reached an agreement with Bensalem Township, Pennsylvania (“Township”), resolving allegations that the Township violated each of RLUIPA’s provisions when it denied a use...more

Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems)...

by Farrell Fritz, P.C. on

As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems”, similar...more

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