Zoning, Planning & Land Use Environmental

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Three Strikes and Mingo Logan Is Out: The D.C. Circuit Affirms EPA Withdrawal of Approval of Mountaintop Removal Disposal Sites

In 2013, the D.C. Circuit affirmed EPA’s authority to withdrawal approval of mountaintop mining disposal sites, even after the Army Corps has issued a Section 404 permit. In 2014, the District Court rejected Mingo Logan’s...more

US FWS Announces Record of Decision Streamlining Wind Energy Permitting for the Upper Great Plains

On July 7, 2016, the US Fish and Wildlife Service (FWS) announced its Record of Decision (ROD) for the Upper Great Plains Wind Energy Programmatic Environmental Impact Statement (PEIS). This is the final step in a process...more

Sikh Temple files suit after Oyster Bay, NY ordered it to stop work and then required SEQRA review

Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after...more

Land Use Matters: Alston & Bird LLP, July 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

The Dusky Gopher Frog Causes Big Problems for Industrial and Commercial Development in Parts of St. Tammany Parish

In 2010, under the Endangered Species Act (“ESA”), the United States Fish and Wildlife Service (“the FWS”) designated 6,477 acres in Mississippi and Louisiana as “critical habitat” for the Rana sevosa or the dusky gopher...more

How Will Brexit Impact Environmental and Energy Law?

Following the recent UK referendum result, attention is now turning to the legal implications for specific policy areas. While the overwhelming majority of the UK’s environmental legislation is derived from EU...more

Sustainable Development Update - July 2016 #3

Sustainable Development Focus - Net-zero energy Brock Environmental Center in Virginia turns rainwater into drinking water - Inhabitat - Jul 14 - A new building in Virginia Beach is raising the bar for...more

Regulated Parties – 2, Regulators – 0

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

Corps of Engineers Issues Proposal on Nationwide Permits

In early June, the U.S. Army Corps of Engineers (“Corps”) proposed to reissue its nationwide permits (“NWPs”) for certain wetland impacts. The proposed changes present some interesting issues and new opportunities for...more

Environmental Notes - July 2016

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

D.C. Circuit Holds Informational Standing Nonexistent Prior to 12-Month Finding

In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization’s Endangered Species Act (ESA) claim, concluding that the organization lacked standing...more

A Coal Plant Shutdown and the Undoing of a Wind Energy Bottleneck

Everyone knows the transmission bottleneck is the boot on the neck of wind energy. The Plains States have megawatts of wind energy. Getting it to the places with megawatts of demand, like Oregon and Washington, aye, there’s...more

Maine DEP Developing New Rule For Wind Power Projects

The Maine Department of Environmental Protection has announced that it is developing a new Site Law rule that will address certain development standards for wind projects. The standards that will be addressed by the new rule...more

New Legislation in North Carolina Impacts the Agribusiness Industry

In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more

Whither WOTUS?

In June 2015, EPA and the Corps of Engineers released a draft rule to define “waters of the United States,” affectionately referred to as WOTUS. This definition goes to the scope of federal jurisdiction over wetlands and...more

Court Rejects General Plan Consistency Challenge Regarding City’s Approval of Franchise Retail Store Where Applicable Economic...

Numerous California communities regulate broad economic development objectives through general plan goals and policies intended to encourage and support small businesses or to ensure the compatibility of new commercial...more

Fourth District Holds Non-Expert Opinion Fails To Support “Fair Argument” Under CEQA That Approval of Non-Regional Retail Store In...

In an opinion filed June 15, and ordered partially published on July 13, 2016, the Fourth District Court of Appeal reversed the trial court’s judgment requiring the County of San Bernardino to prepare an EIR instead of a...more

Fifth Circuit Upholds USFWS Designation of “Uninhabitable” Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more

Alta, snowmaking pipes and conduit hydro power

Federal energy regulators have issued Alta Ski Area a written determination that its proposed micro-hydropower project will not be required to be licensed under the Federal Power Act. If developed, Alta's project would be...more

CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second...

In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate court to issue and supervise...more

Maine tidal project preliminary permit issued

A tidal energy developer has been granted a preliminary permit to study a proposed project in Western Passage, near the city of Eastport, Maine. Under the Federal Power Act, most grid-connected tidal power projects...more

Massachusetts Appeals Court Imposes Higher Hurdle For Master Plan to Defeat 40B Project

In another setback to opponents of Chapter 40B affordable housing projects, the Massachusetts Appeals Court upheld the Housing Appeals Committee’s (HAC) creation of a seemingly more rigorous four-part test that appears to...more

California Environmental Law & Policy Update - July 2016

Environmental and Policy Focus - South Coast AQMD plan would fight smog mainly through incentives, not rules - Los Angeles Times - Jun 30 - The South Coast Air Quality Management District's draft Air Quality...more

China Releases Ambitious Plan to Address Soil Pollution

On 28 May, the State Council, China’s highest administrative body, released the Action Plan on Prevention and Control of Soil Pollution (currently available only in Chinese) to address one of the nation’s most difficult and...more

3,403 Results
|
View per page
Page: of 137

Follow Zoning, Planning & Land Use Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×