Residential Real Estate Environmental Zoning, Planning & Land Use

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California Cities and Counties Must Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems by Sept. 30,...

Under AB 2188, recently signed by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems....more

CERCLA Preempts Local Cleanup Bylaws; PRPs Everywhere Breath a Sigh of Relief

In an important decision yesterday, Judge Douglas Woodlock of the District of Massachusetts confirmed that CERCLA preempts local cleanup bylaws. The case involved one aspect of the cleanup of the W.R. Grace Superfund Site 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

Fifth District Reaffirms Its CEQA Historicity Rules in Citizens for the Restoration of L Street v. City of Fresno

In a published opinion filed August 29, 2014, the Fifth District Court of Appeal affirmed a judgment granting a writ of mandate and finding that the City of Fresno erred in approving a mitigated negative declaration (MND) for...more

Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment...more

California Urban Housing Market Plagued by Higher Rents, Lower Wages, and CEQA

The economic and social impacts of the California Environmental Quality Act are significant enough that the worldwide publication, The Economist, recently reported that the law’s liberal standing requirements “allow[ing]...more

Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

Mainebiz Real Estate Insider – A Field of Dreams: Imagining a Solar System in the Back Forty

In April 2014, the Maine legislature passed The Maine Solar Energy Act, finding that solar energy development in Maine would help protect and improve the well-being of its residents, as well as provide greenhouse gas...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

New Development Extension Opportunities Now Available

The Florida Legislature has provided numerous extensions for development permits and approvals over the past several years, which have typically required that the holder of the permit or approval provide notice to the issuing...more

Sierra Club v. County of Fresno

Why it matters: The court refined its previous test for air quality impacts analysis under CEQA, and required recirculation of an EIR due to its failure to specifically analyze the impacts on human health resulting from the...more

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more

EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and...

Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California...more

10 Development Due Diligence Considerations

New development projects are on the rise again. Here is a quick checklist of 10 issues to consider before getting started on any development project...more

“CEQA-in-Reverse” Case Headed for the California Supreme Court

“CEQA-in-Reverse” - Real estate developers, public agencies and private businesses involved in land development or redevelopment may soon have to contend with a new far-reaching interpretation of the California...more

New Standard for Environmental Assessments Gaining Traction

The American Society for Testing and Materials ("ASTM") standard for Environmental Assessments was revised in 2013 for the first time since 2005. The Department of Housing and Urban Development has now adopted the updated...more

Fifth District Says Show Me the Health Impacts, Not Just the Numbers

In a decision that will likely impact projects all across the state, the Court of Appeal for the Fifth Appellate District issued its second major CEQA decision of the year, finding that when a project will result in pollutant...more

CEQA Alert: Court of Appeal Rules that EIR Must Analyze Correlation Between Project’s Incremental Impact on Air Quality and Impact...

In Sierra Club v. County of Fresno (opinion filed 5/27/14; link below), California’s Fifth Appellate District held that the County violated the California Environmental Quality Act (CEQA) by failing to adequately analyze,...more

Comment Periods Begin for Boston’s Newly Mapped Flood Hazard Areas

The Federal Emergency Management Agency (“FEMA”) has released proposed Flood Insurance Rate Maps (“FIRMs”) showing updated flood hazard areas for all of Boston, as well as nearby Chelsea, Revere, and Winthrop. Interested...more

California Judicial Council Approves New Court Rules To Implement Expedited Procedures For CEQA Lawsuits Attacking Large...

New court rules will significantly expedite the timeline for lawsuits brought under the California Environmental Quality Act (CEQA) to challenge the certification of the environmental impact report (EIR) or the granting of...more

Take That! Second District Court of Appeal Clears Major Hurdles for Newhall Ranch Project, Provides Guidance on California’s...

California’s Second District Court of Appeal, Division Five, issued a decision on March 20 in Center for Biological Diversity v. Department of Fish & Wildlife (Case No. BS131347), overturning the trial court’s decision...more

Ruling May Put The Brakes On Some CEQA Investigations

For years, public agencies have utilized a statutory "right-of-entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action....more

Bowman v. California Coastal Commission: New California Court of Appeal Decision Holds that a Collateral Attack is no Substitute...

Sometimes in land use law, the most impactful court holdings come from the simplest of cases. That may be the situation with the new California Court of Appeal decision in Bowman v. California Coastal Commission, issued by...more

Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing

California Eminent Domain Law allows public agencies to obtain a court order permitting access onto private property to conduct pre-acquisition testing and inspections. These tests and inspections can help an agency...more

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