Zoning, Planning & Land Use

Massachusetts Smart Growth Zoning Reform Bill On Fast Track to Passage?

by Richard Vetstein on 5/20/2013

58 Legislators Pushing Comprehensive Zoning Reform Bill “Inclusionary Zoning” Provision May Expand Controversial 40B Law With “Smart Growth” advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a...more

Canada’s Supreme Court Requires Aboriginal Groups to Follow Statutory Process

by Elizabeth Coyle, Thoma Gelbman, Maureen Killoran | Osler, Hoskin & Harcourt LLP on 5/17/2013

On May 9, 2013, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26, affirming that Aboriginal groups seeking to challenge the validity of permits or authorizations granted to...more

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

Temporary Regulatory Takings Do Exist in California!

by Katrina Diaz, Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 5/17/2013

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Alabama CON Review Board Update - May 2013

by Jennifer Clark, James Henry, Kristen A. Larremore, Colin H. Luke, Carey B. McRae | Bradley Arant Boult Cummings LLP on 5/17/2013

In this update: - I. Informational Purposes Only - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - IV. Declaratory Ruling Request...more

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

by James Potter | Nexsen Pruet, PLLC on 5/16/2013

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives

by Jon E. Goetz, Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 5/15/2013

An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals...more

U.S. Coast Guard and Bureau of Safety and Environmental Enforcement Sign Agreement on Offshore Oversight

by David Dickman, Megan Roberts-Satinsky | Venable LLP on 5/15/2013

On May 9, 2013, the U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) announced that they had entered into a Memorandum of Agreement (MOA) concerning offshore safety and environmental regulations....more

U.S. Fish And Wildlife Service Proposes Limited Exception To Endangered Species Act Protections For Lesser Prairie-Chicken

by Ashley Remillard | Nossaman LLP on 5/14/2013

On May 6, 2013, the U.S. Fish and Wildlife Service (Service) proposed a limited exception to the Endangered Species Act (ESA) protections currently being considered for the lesser prairie-chicken (Tympanuchus pallidicinctus)....more

New Stormwater Fees in Maryland

by Matthew Kimball | Niles, Barton & Wilmer, LLP on 5/14/2013

During the 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which mandated that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

The California Supreme Court Confirms The Power Of Local Governments To Regulate Medical Marijuana.

by Michael Walsh | Sedgwick LLP on 5/14/2013

Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities and counties, but now the legal,...more

A Look At Two Approaches To Oil And Gas Regulation

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/14/2013

This is a tale of two regulatory schemes. First, there is the federal way, and I’m not making this up. First, there is the federal way, and I’m not making this up: In my last post we learned that if the BLM,...more

Legislation Would Limit Condemnation Awards for Beach Replenishment

by Patrick J. McNamara on 5/14/2013

Legislation Would Limit Condemnation Awards for Beach Replenishment by Patrick J. McNamara on March 19, 2013 Beach replenishment efforts are needed up and down the New Jersey shoreline in the wake of Superstorm Sandy....more

Appellate Notes: Week of April 18th

by Edward McCreery III | Pullman & Comley, LLC on 5/14/2013

Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut appellate courts which highlight important issues and developments in Connecticut...more

House Bill Would Speed Natural Gas Pipeline Permitting

by Jack N. Semrani, Dena E. Wiggins | Ballard Spahr LLP on 5/13/2013

Representative Mike Pompeo (R-KS) has introduced a bill (H.R. 1900) that would expedite the permitting of new interstate natural gas pipelines. Such projects require approvals from the Federal Energy Regulatory Commission...more

Changes to First Nations Consultation in Alberta

by Wally Braul, Kelly Bray, David Macaulay, Shawn Munro, Cassia Prentice | Bennett Jones LLP on 5/13/2013

On April 2, 2013, Alberta released a draft of The Government of Alberta's Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (the "Draft Policy"). The Government's deadline for comments on...more

Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until...

by William T. Chisum, Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 5/13/2013

A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California...more

Courts To Rule On Wind Issues

by Bruce Goodman | Varnum LLP on 5/13/2013

Seventeen neighbors of the Consumers Energy Lake Wind Energy Park have filed a complaint in Mason County claiming the wind farm has negatively impacted property values and caused sleep disruption, headaches, ringing ears,...more

Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction...

by James Potter | Nexsen Pruet, PLLC on 5/10/2013

The South Carolina Department of Health and Environmental Control (SCDHEC) has been delegated authority by the EPA to regulate stormwater discharges due to construction activities. An earlier 2006 General Permit is expiring...more

Ahhh…Spring

by Barbara Darkes | McNees Wallace & Nurick LLC on 5/10/2013

With Spring comes the emergence of many things, including reopening of decks, porches, sidewalk cafés, patios and other outdoor seating options. It’s a lovely idea to have music or other entertainment in these areas, whether...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

Power Plant Project Suspended After California Public Utilities Commission Ruling - Move Highlights Importance of Commission’s...

by Sophie Akins | Best Best & Krieger LLP on 5/10/2013

In a ruling that highlights how California Public Utilities Commission (CPUC) decisions can have broad impacts on proposed power projects, the CPUC recently denied San Diego Gas & Electric Company (SDG&E) the authority to...more

Public Roads And Lake Access

by Eric Guerin | Varnum LLP on 5/10/2013

All roads lead somewhere, but what type of public roads provide access to a lake? The first consideration is whether the road terminates near the shore of a lake, or whether it is a road that runs parallel to the lakeshore. ...more

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

by Anne-Marie Dupont, Simon Ruel | Heenan Blaikie LLP on 5/10/2013

Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Zoning, Planning & Land Use Updates