Transportation Zoning, Planning & Land Use

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Court Rejects NEPA, Section 4(f) Challenges to Arizona South Mountain Freeway Project

In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more

Warehouses and Delivery Centers in Massachusetts May Operate on Sundays and Holidays Following an Amendment to the Commonwealth’s...

Seyfarth Synopsis: Recently, Massachusetts Governor Charlie Baker signed a law amending the Commonwealth’s “blue laws.” The blue laws prohibit business activities on Sundays and holidays, unless the activity fits within a...more

California Environmental Law & Policy Update - August 2016 #3

Environmental and Policy Focus - Most California water agencies choose zero as conservation target San Jose Mercury News - Aug 17 - Governor Jerry Brown's administration two months ago dropped all mandatory water...more

Drone on Drones: NLC Releases “Cities and Drones” Report and Draft Ordinance

The National League of Cities released a municipal guide designed to serve as a primer on drones for local officials. Published this week, Cities and Drones provides insight into the FAA’s recently released rules on drone...more

Infraestructura para vehículos eléctricos: tierra fértil para las P3

En 2006, el documental “Who killed the electric car?“ (¿Quién mató al automóvil eléctrico?) llegó a los cines. Diez años después, aún existe considerable desacuerdo sobre la respuesta a esa pregunta, pero ha salido a la luz...more

Water P3s Now on Tap in South Florida

Florida was an early pioneer in the United States of the public-private partnership (“P3”) model as a means of funding infrastructure improvements. In South Florida alone, we have the Florida Atlantic University dormitory,...more

Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

California Environmental Law & Policy Update - August 2016

Environmental and Policy Focus - BNSF to appeal ruling blocking California rail yard - Wall Street Journal - Aug 2 - BNSF Railway Co. and the Port of Los Angeles on Tuesday appealed a court ruling against...more

Louisiana Amends P3 Legislation Granting Authority to DOTD

The State of Louisiana has passed a public-private partnership (P3) law to help alleviate a $12.7 billion backlog in highway and bridge maintenance and construction needs across the state. The law authorizes the Louisiana...more

U.S. DOT Unveils Build America Bureau

U.S. Transportation Secretary Anthony Foxx, senior Department staff, and even an official from the White House gathered at U.S. Department of Transportation headquarters on July 20th to celebrate the grand opening of the...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Brexit: Three key points for the infrastructure sector

With recent falls in the value of sterling causing price rises for some imported materials, the UK's infrastructure market is already seeing the impact of one generic issue that affects most domestic businesses. Depending on...more

Electric-Vehicle Infrastructure: Fertile Ground for P3’s

In 2006, the documentary “Who Killed the Electric Car?” hit the theaters. Ten years later, there remains substantial disagreement on the answer to that question, but one truth has emerged: the electric car lives again. As...more

Las P3 y el riesgo político: ¿por qué las P3 de Miami-Dade pueden resistir el clima político?

En un año electoral, los inversores prestan mucha atención a los entornos políticos de las jurisdicciones que buscan el desarrollo de las asociaciones entre los sectores público y privado (“P3” o “PPP”). La inversión en el...more

New Hampshire Enacts P3 Legislation

New Hampshire has joined a growing number of jurisdictions in the United States that have enacted legislation enabling public-private partnerships (P3) for transportation infrastructure projects. According to Governor Maggie...more

Missouri legislation limits municipal approval of tax increment financings and increases financial oversight of designated...

Three new measures signed into law by Missouri Governor Jay Nixon on June 29 will have lasting implications for the creation and administration of tax increment financings (TIFs), community improvement districts (CIDs) and...more

Classic Private Property Rights and Public Coffers

In April 2014, we posted a blog discussing the North Carolina Supreme Court’s opinion in Beroth Oil v. NCDOT, 367 N.C. 33, 757 S.E. 2d 466 (2014). (See here) In that post, we compared high frequency stock market trading and...more

Defeated North Carolina Class Action Ultimately Results in Victory for Landowners – NCDOT Loses Map Act Fight

What began several years ago as a defeated attempt at a class action against the North Carolina Department of Transportation (NCDOT) ultimately resulted in a win this month for plaintiff landowners in Kirby v. NCDOT (No....more

TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map

On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby v. North Carolina Department of Transportation....more

NCDOT’s Use of Map Act Was a Taking Subject to Just Compensation

On June 10, 2016, the Supreme Court of North Carolina, in Kirby, et al., v. North Carolina Department of Transportation, Highwayissued a unanimous ruling affirming the decision of the intermediate Court of Appeals that the...more

California Environmental Law & Policy Update - June 2016 #2

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

Ontario Releases Official Climate Change Action Plan

The Ontario government has officially released Ontario’s Five Year Climate Change Action Plan 2016-2020. The proposed Climate Change Action Plan was leaked three weeks ago and the officially released version is...more

Sustainable Development Update - June 2016 #2

Sustainable Development Focus - There's a way to invest in a cleaner environment, and the market is booming - Business Insider - Jun 6 - Summer is coming, and green bonds are blooming. Issuers of such bonds...more

Sustainable Development Update - June 2016

Sustainable Development Focus - Solar microgrid to ‘green’ Port of Los Angeles - Microgrid Knowledge - May 30 - The Port of Los Angeles, North America’s largest port, plans to install a $26.6 million solar...more

Session Closing Chaos: Special Session in the Wings

In the waning hours of the 2016 legislative session, lawmakers wrapped up a supplemental budget and a tax bill, but failed to pass a comprehensive transportation package, a bonding bill, and a plan for implementing federal...more

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