Zoning, Planning & Land Use Updates

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Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

Department of Housing and Urban Development Announces $10 million in Grants for Choice Neighborhoods, Which Now Covers...

Today’s publication of the Department of Housing and Urban Development’s (HUD) Choice Neighborhoods Notice of Funding Availability (NOFA) marks a key milestone in both the White House’s ConnectHome and Broadband Opportunities...more

Mississippi CON Report - October 2015

I. October 2015 – Mississippi Certificate of Need Meeting - During the October 29, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis and...more

State Lands Commission’s CEQA Review of SF Bay/Delta Sand Mining Project Approval Is Adequate, But Fails to Fulfill Obligation to...

The First District Court of Appeal held the California State Lands Commission’s (“CSLC”) EIR for a project involving the lease of sovereign lands beneath San Francisco Bay for private dredge mining of sand complied with CEQA;...more

Marijuana Regulations Growing Like Weeds in California

Although California legalized medical marijuana in 1996, cities have differed widely in their response to medical marijuana dispensaries. Recently, Newport Beach joined Huntington Beach, Laguna Hills, Anaheim and Rancho Santa...more

Alabama CON Report

I. Certificate of Need Program - A. AL2015-036, NNA of Alabama, Inc. d/b/a Fresenius Medical Care Montclair, Birmingham, AL: Proposes to relocate the existing twenty-four (24) station ESRD facility to a location within...more

CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the...more

Xcel Energy Reports 24 Community Solar Garden Projects are Beginning Construction

Xcel Energy filed its monthly report for the Community Solar Garden program with the Public Utilities Commission last week, revealing that 24 projects are moving to the beginning stages of construction....more

Seeking Net Benefits: President Obama Issues New Federal Policy on Addressing and Mitigating Environmental Harm Early in the...

On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more

Right of Entry Statutes Are Back in Business – For Now

For decades, California 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 acquiring the...more

Bureau of Indian Affairs New Rights-of-Way Rules Provide Clarity and Certainty to Communications Providers

With both Congress and the Administration focused on streamlining federal permitting and promoting Dig Once policies, the Department of Interior’s Bureau of Indian Affairs (BIA) published updated rules for access to...more

Presidential Directive Establishes New Compensatory Mitigation Policy, Expanding Future Costs and Obligations for Federally...

On November 3, 2015, President Obama directed key federal agencies to adopt new or more extensive compensatory mitigation policies over the next six to twenty-four months. Once implemented, these policies could block...more

California Environmental Law & Policy Update - November 2015 #2

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water...more

New Rules Encourage Use of P3s

The recently released Internal Revenue Service (IRS) rules in the final allocation and accounting regulations encourage the use of public-private partnerships (P3s). Under these rules, a private party can form a partnership...more

Alberta Announces Climate Leadership Plan

Yesterday, the Alberta government announced its Climate Leadership Plan (Plan) and released to the public the Climate Leadership Report to Minister (Report) it commissioned from the Climate Change Advisory Panel. While...more

Los Angeles World Airports Announces DBFOM Procurements for $5 Billion Landside Access Modernization Program

Los Angeles World Airports (LAWA) staff today briefed its Board of Airport Commissioners on its plans to deliver and finance the estimated $5 billion Landside Access Modernization Program (LAMP) at Los Angeles International...more

Subdivision by Condemnation?

Does a condemnation proceeding resulting in the physical separation of property into separate parts accomplish a “division” of property within the meaning of California’s Subdivision Map Act?...more

Court Rejects Some, But Not All Challenges to Critical Habitat Designation of Private Land

In 2012, the U.S. Fish and Wildlife Service (Service) published a final rule designating 1,724 acres as critical habitat for the endangered Riverside fairy shrimp (Streptocephalus woottoni).  Included in that designation were...more

P3 Legislation in Florida

On September 24-25, Miami-Dade County held a P3 Institute entitled “The P3 Pipeline: A Forum for the Private Sector.” Among the topics discussed at the Institute was a measure currently before the Florida Legislature that, if...more

Crude-By-Rail Update: Siting a Crude Oil Transloading Terminal in California? Developers Should Seek Old Industrial Sites and...

Proposed crude-by-rail (CBR) projects in California increasingly face opposition lawsuits designed to stall and derail the terminals. The suits often focus on alleged noncompliance with the California Environmental Quality...more

Constitutional Court Provides Clarity on Rights of Licensees to Construct Facilities on Another Person's Land Under the Electronic...

In City of Tshwane Metropolitan Municipality v. Link Africa (Pty) Ltd and Others (CCT 184/14) [2015] ZACC 29, the Constitutional Court confirmed the constitutionality of a provision in the Electronic Communications Act 36 of...more

Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs....more

The Pennsylvania Pipeline Infrastructure Task Force Releases First Draft of Recommendations to Gov. Wolf for Future Pipeline...

Overview of the Task Force - The Pennsylvania Department of Environmental Protection Pipeline Infrastructure Task Force (PITF) recently released the first draft of its report. In May 2015, Gov. Wolf announced the...more

I Sued My Neighbor and Lost My Dock

Occasionally I get a call from someone that begins with "I need to sue my neighbor." What the caller really needs is advice to understand the options available, the risks, and how best to solve the problem which prompted the...more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

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