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CEQA Alert: CEQA Does Not Apply to Approval of Proposed Railroad Operations – Express Preemption by ICCTA

California’s First Appellate District has held that federal law preempts CEQA’s application to the approval of proposed railroad operations. Although this was an issue of first impression for a California appellate court,...more

California Environmental Law and Policy Update - June 2014 #2

Environmental and Policy Focus - Kings County lawsuit challenges Fresno-Bakersfield high-speed rail: Fresno Bee - Jun 5: The Kings County Board of Supervisors, the Farm Bureau, and a group of county residents filed...more

Construction & Land Use Newsletter - June 2014

In This Issue: - Out of State... Out of Mind? Ensuring that Local and Out-of State Construction Companies Play by the Same Rules - Look! Up in the Sky! It’s a... Plane!: Proposed FAA Policy Could Affect...more

4 Key Questions For Evaluating PPP Opportunities

Public-private partnerships are all the rage, as governments seek new ways to deliver public infrastructure, facilities and services in the face of daunting budget limitations and doubts about older procurement modes. PPP...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Supreme Court Holds Temporary Flooding Can Be A Taking

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Rogers Towers: Mobility Fee Ordinance Introduced to Jacksonville City Council and Set for September Hearings

dinance 2011-536 has been introduced to the Jacksonville City Council and is currently scheduled for committee hearings during the week of September 5 and a vote by the Council on September 13. The Ordinance would...more

Combating Childhood Obesity: a survey of laws affecting the built environments of low-income and minority children

Childhood overweight and obesity have reached epidemic proportions, with nearly one out of every three children in the United States being affected. That factors in the built environment are closely correlated to childhood...more

Environmental Alert: California Air Resources Board Releases Draft Scoping Plan Describing Measures to Reduce Greenhouse Gases

This alert details the plan set forth by CARB to significantly reduce the amount of greenhouse gas emissions in California by 2020. The affected sectors include: *Transportation *Electricity generation *Commercial...more

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