Zoning, Planning & Land Use Updates

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Real News - Summer 2015

Welcome to the summer edition of Real News, DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this edition:- - Jon Gaskell looks at recent changes made to the CDM...more

Practical questions persist on zonal planning proposal

This month's Fixing the Foundations 'productivity plan' commits the government to 'an urban planning revolution on brownfield sites'. Ministers have already pledged to create a register of brownfield land suitable for...more

DOE Releases Draft Environmental Impact Statement for Northern Pass Project

The U.S. Department of Energy (DOE) recently released a Draft Environmental Impact Statement (DEIS) for Northern Pass Transmission, LLC’s proposed 187-mile transmission line across the United States-Canada border in New...more

If At First You Succeed, Don’t Try, Try, Try Again

The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...more

Don’t Miss This Deadline To File A Regulatory Takings Claim

The Court of Appeal has recently reminded land use practitioners of an important deadline when pursuing a takings claim: A takings challenge based on a land use determination must be filed within 90 days of that determination...more

Courts Continue to Reject Claims That Reasonable Reliance on Public Agency Representations Establishes an Entitlement to an...

Property owners should not rely on courts to uphold equitable estoppel claims against local agencies to establish an entitlement to an existing use of property. Under the doctrine of equitable estoppel, a public agency may be...more

U.S. Fish and Wildlife Service to Survey Habitat Conservation Banks

On July 24, 2015, the U.S. Fish and Wildlife Service (Service) published a notice seeking authorization from the Office of Management and Budget to evaluate habitat conservation banks established under the Endangered Species...more

Doin' the Deed: State Conveys 300 Acres of Urban Property to City of Raleigh

We've blogged in the past about the political saga between the City of Raleigh and the State of North Carolina over the Dorothea Dix property in downtown Raleigh, a 300-plus acre piece of lovely real estate. And you thought...more

The Importance of Independence: The Ninth Circuit Provides Helpful Clarification on Connected Actions in the Energy Project...

The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. General Effective Date Clarification - Around 6 pm on Thursday, July 16, the First Regular...more

Presidio Parkway Opens in San Francisco

The long-awaited Presidio Parkway opened for the first time to Bay Area motorists on July 12th, ahead of schedule and to local and national praises. The $1.1 billion Presidio Parkway replaces Doyle Drive – an outdated...more

Gov. Brown Assembles Fracking Review Panel

According to several news organizations, Governor Brown has announced plans to form a new panel to review the recent well stimulation study conducted by the California Council on Science and Technology (“CCST”)....more

California State Water Board Flexes Its Enforcement Muscle With Water Diverters

The fact that California is suffering its fourth year of drought conditions is not a new story — how the State should address this water shortage is the subject of much debate. The California State Water Resources Control...more

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the...more

Recent Developments in Retrofit Liability of Publicly Accessible Properties

If you own or invest in an older, publicly accessible property that does not comply with new regulations, you may be at risk of substantial liability. Retrofitting older properties to comply with new legal requirements and...more

One-Stop Shopping in Financial District Should Include Buying Medicinal Pot

When the Boston Zoning Board of Appeals meets next on August 4, I hope it votes to approve a permit sought by a medical marijuana dispensary to open a retail outlet at 21 Milk Street in the Financial District. It's not...more

UK Government Announces Further Shake-up to RO and FIT Regime for Solar PV

Following the closure of the RO regime to new solar ground mounted projects with a capacity of more than 5MW which were commissioned after 31 March 2015, the government has today announced a further shake-up of the subsidy...more

Toilet to Frac: Legal and Practical Aspects of Using Municipal Effluent for Fracing in Texas

Thus far, the idea of using purified municipal sewage effluent—“reclaimed water” in industry parlance—for city water supplies has proven a tough sell. Human psychology poses significant barriers to overcoming the “toilet to...more

Pipeline Task Forces May Slow Energy Development

Despite their good intentions, quasi-governmental task forces that are set up to review proposed pipeline projects often add complexity that can hobble the approval process at a time when demand for natural gas is...more

Lessons Learned in Conservation Partnerships

The Internal Revenue Code has provided an incentive under Section 170(h) for charitable conservation gifts. Since at least 2002 there has been an interest in combining through partnership those land owners who may have little...more

FERC Rejects Requests for Clarification but Provides Additional Details Regarding Pipeline Modernization Surcharge Mechanisms

On July 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order (“July 16 Order”) denying the request by the Process Gas Consumers Group (“PGC”) and the American Forest and Paper...more

A breath of fresh air for our cities?

A working group chaired by Stéphane Illouz, partner in Reed Smith’s real estate and environment department in Paris, in partnership with French think tank La Fabrique Ecologique, has published a report on the subject of air...more

Draft Basin Boundary Regulations Released

Public Comments Due Sept. 4 - The California Department of Water Resources has released draft emergency regulations governing how groundwater basin boundaries may be modified or redrawn under the state’s Sustainable...more

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more

Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

La ciudad de Miami sigue figurando como uno de los destinos mundiales principales para los extremadamente ricos. Según el Informe anual sobre la riqueza (The Wealth Report) de Knight Frank de 2015, Miami ocupa el sexto lugar...more

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