Zoning, Planning & Land Use, Election & Politics Law

EPA Declines to Create New Air Pollution Control Program for Coal Mines – For Now.

by Christopher "Kip" B. Power | Dinsmore & Shohl LLP on 5/20/2013

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have the agency issue a determination pursuant to section 111 of the federal...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

Aboriginal Consultation Levy Act Introduced into the Alberta Legislature

by Shawn Denstedt Q.C., Suzanne MacMillan, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 5/9/2013

On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding...more

Calif. Supreme Court Upholds Medical Marijuana Dispensary Bans

by Josh Crank | Lawyers.com on 5/7/2013

In a unanimous decision, the California Supreme Court upheld a lower court ruling allowing cities and counties in the state to pass blanket bans prohibiting medical marijuana dispensaries....more

Florida Legislature Passes Manufacturing Competitiveness Act

by Rheb Harbison | Carlton Fields on 5/1/2013

Today, the Florida Legislature passed the Manufacturing Competitiveness Act (HB 357). The bill, which now heads to Governor Rick Scott for signature, significantly streamlines local and state regulation and approvals, giving...more

Regulatory Issues Cause ConocoPhillips to Join Shell Oil in Suspending its Drilling Program in Arctic Waters off Alaska

by Mike Jungreis | Davis Wright Tremaine LLP on 4/12/2013

Today, ConocoPhillips announced that it is suspending its drilling program in the Chukchi Sea off the northwest coast of Alaska for 2014, due to uncertainty regarding the changing regulatory requirements. ...more

Notice Of Public Hearing On Proposed Local Law Town Of Ovid, New York Proposed Local Law “A” Of 2013:

by Steven Getman on 4/10/2013

Notice Of Public Hearing On Town Of Ovid, New York Proposed Local Law “A” Of 2013: “A local law repealing the ‘Mobile Home Code’ and the ‘Mobile Home Ordinance for the Placement of Individual Mobile Homes within the Town of...more

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

by Jonathan Hobbs, Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 4/9/2013

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

Bill Introduced to Restore Cities' Ability to Require Affordable Housing

by Michael Hansen | Sheppard Mullin Richter & Hampton LLP on 4/2/2013

On February 22, California State Assembly Member Toni Atkins, D-San Diego, introduced a bill, AB 1229, to restore the ability of California cities and counties to require affordable housing as part of market-rate housing...more

CEQA Reform Update

by Douglas Aikins | Hopkins & Carley on 4/2/2013

This year has seen more momentum for CEQA reform than in many previous years. California’s economy has placed a spotlight on the burdens that environmental regulations and litigation, particularly CEQA litigation, impose on...more

Sale of Seneca Falls building may be decided

by Steven Getman on 4/1/2013

SENECA FALLS — The battle over the Arcade Building may be over. Supervisor Don Earle said terms of a settlement are nearing completion and should be ready by Tuesday night’s Town Board meeting. Earle said attorney...more

Growing Rural/Metro Schism in the Minnesota House

by Gail Kulick | Winthrop & Weinstine, P.A. on 3/29/2013

The downside to being in the majority in any partisan legislative body is the difficulty of managing a diverse group of members. This challenge is very evident this session in the Minnesota House of Representatives;...more

Youngstown City Hydraulic Fracturing Ban Approved for May Ballot

by George Skupski | BakerHostetler on 3/21/2013

In late February, we covered the state and federal legislative and enforcement responses to the release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by a local oil and gas drilling operator. Shortly...more

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

by David Miller | Nossaman LLP on 3/19/2013

On March 13, 2013, the U.S. Fish and Wildlife Service (Service) extended the public comment period for two proposed rules relating to the Gunnison sage-grouse (Centrocercus minimus). As we previously reported, the Service...more

Paper Carryout Bag Charge Is Not A Tax

by Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 3/12/2013

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA

by Arthur F. Coon | Miller Starr Regalia on 2/27/2013

On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection of the...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

by Arthur F. Coon | Miller Starr Regalia on 2/18/2013

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Gaming Legal News - January 24, 2013 • Volume 6, Number 3

by Patrick Sullivan, Dennis J. Whittlesey | Dickinson Wright on 2/1/2013

In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more

Seneca Falls Town Board to resume battle over variance for Arcade Building

by Steven Getman on 1/3/2013

The ongoing dispute between the town and the owner and a potential developer of the Arcade Building downtown will highlight tonight’s Town Board meeting. The building, at 81-83 Fall St., is now owned by Jack Pross of...more

MISS Dig Bills Pass In Michigan Senate, Stall In House

by Aaron M. Phelps | Varnum LLP on 12/21/2012

Legislation creating a new MISS Dig law passed the Michigan Senate on November 29 in a 26-12 vote, but failed to make it through the House before the 2012 Legislative Session closed on December 13. Supporters plan to...more

Town of Seneca Fall files petition against zoning board

by Steven Getman on 12/21/2012

SENECA FALLS — Attorney Steven Getman has served an order to show cause on the town of Seneca Falls Zoning Board of Appeals. The Seneca Falls Town Board objects to the ZBA’s decision to grant a use variance to the owner of...more

Longmont Sued By Colorado Oil and Gas Association

by Jason Yearout | BakerHostetler on 12/18/2012

Last week we reported that the state of Colorado would not directly sue the town of Longmont to challenge the ban on hydraulic fracturing that town voters enacted in the November election....more

Town board votes to sue town ZBA

by Steven Getman on 12/5/2012

SENECA FALLS — Following a 100-minute closed-door session Tuesday night, the Town Board voted to sue the town Zoning Board of Appeals over a recent decision regarding a downtown building. The board takes issue with the...more

New Jersey’s Permit Extension Act Signed Into Law

by Jamie Bennett | Wilentz, Goldman & Spitzer P.A. on 11/30/2012

Governor Christie has signed an amendment to the Permit Extension Act that extends the validity of certain development “approvals” to December 31, 2014. This was the third amendment to the Act, which was originally signed...more

Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The...

by Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 11/26/2012

A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that...more

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Zoning, Planning & Land Use › Election & Politics Law