Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:
Monitor Thy Drink: Alcohol Import Regulations Under the TTB (Alcohol and Tobacco Tax and Trade Bureau)
Local Governments Continue to Fight States for Right to Govern Fracking
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Allen Matkins partner Ray Buddie - San Francisco Construction & Development Summit
DPR Construction EVP Eric Lamb - San Francisco Construction & Development Summit
Shorenstein SVP Todd Sklar - San Francisco Construction & Development Summit
Sares Regis chief development officer Todd Regonini - SF Construction & Development Summit
Hathaway Dinwiddie CEO Greg Cosko - San Francisco Construction & Development Summit
Forest City SVP Alexa Arena - San Francisco Construction & Development Summit
Google real estate director John Igoe - San Francisco Construction & Development Summit
Sackett v EPA - Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders - David Cooke
Is Fracking Safe?
Don Donadio on Economic Development Incentives in North Carolina
Neill Edwards on Economic Development Incentives in North Carolina
John Hunter on Economic Development Incentives in North Carolina
California Redevelopment Agency Update: The Implications of the Matosantos Decision
Changes to California Mechanic's Lien Laws Relieve Frustration in Construction
Vapor Intrusion: A Game-Changer in How Property is Being Evaluated by Regulators & Lenders
Last week, Norse Energy filed its Notice of Appeal to the New York State Court of Appeals. ...more
In Wainfleet Wind Energy Inc. v. Township of Wainfleet, the Ontario Superior Court of Justice struck down the Township of Wainfleet’s municipal by-law requiring industrial wind turbines to have a minimum two-kilometre setback...more
In a lengthy published opinion filed May 21, 2013, the First District Court of Appeal reversed a judgment granting a writ of mandate and upheld as legally adequate under CEQA the Marin Municipal Water District’s EIR for...more
Alberta: Lameman v. Alberta, 2013 ABCA 148 - The Beaver Lake Cree Nation (BLCN) brought a Statement of Claim before the Alberta Court of Queen’s Bench alleging that the Alberta and federal governments have failed to...more
A municipal water district proposed a project to build a seawater desalination plant to avoid predicted future water supply shortages. After the water district certified an environmental impact report (“EIR”) for the...more
On May 21, 2013, the California First District Court of Appeal certified for publication North Coast Rivers Alliance v. Marin Municipal Water District, an important CEQA opinion that affirms a highly deferential...more
Recently, the Texas Court of Appeals for the Ninth District at Beaumont issued two contrasting opinions which provide guidance for the application of the Texas Supreme Court's 2012 decision in Texas Rice Land Partners, Ltd....more
The Appellate Division of the New York Supreme Court, Third Department, unanimously rejected an appeal from Norse Energy Corporation, and affirmed the Town of Dryden’s right to prevent fracking through land use and zoning...more
On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more
Last Friday, a four judge panel of a New York appeals court upheld two local zoning laws that prohibit activities related to oil and gas exploration and development, including hydraulic fracturing. The decisions in Norse...more
In twin decisions handed down today, the Supreme Court, Appellate Division, Third Department upheld two local zoning laws that prohibit activities related to oil and gas development (commonly referred to as “hydraulic...more
In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more
The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing...more
In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more
In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more
The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more
In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more
Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more
A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more
In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more
On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more
On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more
On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more
Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more
In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more
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