Zoning, Planning & Land Use Government Contracting

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A Provisional Winner of an Offshore Wind Lease is Announced and that Means the Goal Line is Still Far Off

Offshore wind took another small step forward last week when US Wind was announced as the provisional winner of the US Bureau of Ocean Energy Management's August 19 auction of development rights to nearly 80,000 acres off of...more

Feds to auction North Carolina offshore wind sites

The U.S. Department of the Interior's Bureau of Ocean Energy Management has announced plans to auction the rights to lease sites off the North Carolina coast for offshore wind projects. ...more

Renewable Energy Update -- August 2014 #3

Renewable Energy Focus - New California tax credit would benefit Tesla gigafactory: San Jose Mercury News - Jul 11: Governor Jerry Brown announced last week that he signed legislation creating a $420 million tax credit...more

Recent Ninth Circuit ESA Decision May Be Headed to the U.S. Supreme Court

On July 14, Glenn-Colusa Irrigation District (GCID) filed a petition for writ of certiorari with the U.S. Supreme Court, seeking review of the Ninth Circuit’s decision in Glenn-Colusa Irrigation District v. Natural Resources...more

BLM Agrees to Complete Hydraulic Fracturing EIS for Leases in California

A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more

Indiana I-69 Section 5 Availability Payment Project Closes Financing

On July 23, 2014, the Indiana Finance Authority closed financing on its second availability payment P3 project, the I-69 Section 5 highway project, a 21-mile reconstruction project located outside of Bloomington Indiana, the...more

CEQA Exemption Update: Westland Water District Two-Year Contract Renewals Ruled Exempt from CEQA Requirements

In North Coast Rivers Alliance v. Westlands Water District, No. FO67383 (Cal. Ct. App. 5th Dist. July 3, 2014), the Fifth Appellate District upheld the Westland Water District and its related distribution districts’ (Water...more

President Unveils Build America Investment Initiative Today

President Barak Obama today announced the Build America Investment Initiative (the “Initiative”). According to the Fact Sheet released by the White House in advance of the announcement, the purpose of the Initiative is to...more

Include A Clear and Unequivocal Statement in Your CDA Claim

As most contractors are aware, the Contract Disputes Act requires that a contractor must present the Contracting Officer with a certified claim prior to proceeding with a formal claim before the Board of Contract Appeals or...more

P3s are a Viable Tool for Convention Center Development

South Florida has long been a leading destination for conventions and trade shows, and the convention market is extremely competitive. As other cities have expanded and modernized their convention centers, ours have remained...more

DOT Makes Changes To TIGER VI Application Review Process

The U.S. Department of Transportation has initiated changes to its TIGER Application review process effective for the pending TIGER VI round of funding. The most important change is that once a project receives a technical...more

Congress Passes WIFIA Pilot Program

Following the 412-4 vote in the U.S. House on Tuesday and the 91-7 vote in the U.S. Senate yesterday, the president is expected to quickly sign into the law the Water Resources and Reform Development Act of 2014 (WRRDA). In...more

P3 Legislation A Hot Topic At The Florida Logistics & Trade Conference

Public-private partnerships (P3s) received significant attention at the 2014 Florida Logistics and Trade Conference. The overall consensus of the conference’s P3 Panel, which was moderated by Albert Dotson, is that the state...more

WIFIA: New $350 Million Water Project Federal Financing Program

After seven years of effort, Congress passed H.R. 3080, the Water Resources Reform and Development Act. President Obama is poised to add his signature. This is a vitally important piece of legislation for BB&K clients and...more

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

USDA Announces Economic Development Grants to Rural Communities

Applications due June 13 for grants that will promote sustainable economic development - New grants from the United States Department of Agriculture will help promote sustainable economic development in rural...more

Legislature Again Approves Two Year Permit Extensions for Projects

The Florida Legislature has again approved a two-year permit extension for local government-issued development orders, building permits, level of service certificates, and permits issued by the Florida Department of...more

Alaska Passes North Slope Pipeline Liquefied Natural Gas Bill

On Monday, Alaska’s legislature approved Senator Sean Parnell’s plan to join four energy companies in moving ahead on plans to build infrastructure to transport and market 35 trillion cubic feet of North Slope gas to be...more

En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...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

California Successor Agencies Rejoice: IFD Law Now Includes Redevelopment Project Areas

In a move that should make successor agencies to redevelopment agencies happy, a new law was passed and approved by the Governor on February 18, 2014 (AB 471) that, among other things, amends Section 53395.4 of the California...more

Charter Cities Challenge Legislation Restricting Access to State Funding Based on Compliance with Prevailing Wage Law

Cities Sue State Calling SB 7 an Unconstitutional Restriction on Municipal Affairs - Several California charter cities challenged the constitutionality of Senate Bill 7 (SB 7) last week by filing a writ of mandate and...more

Province Ordered to Pay Damages to Timber Company over Aboriginal Road Blockade

On December 23, 2013, the British Columbia Supreme Court (Court) ordered the Province of British Columbia (Province) to pay logging contractor Moulton Contracting Ltd. a sum of $1.75 million in damages for the Province’s...more

FOIA 2013 Wrap-Up – Summary Of Year End PAC Opinions

The Attorney General’s Public Access Counselor (PAC) closed out the year by issuing two binding opinions. The following is a summary of key points from the opinions of which public bodies should be aware....more

Focus on Regulatory Law -- December issue

This bi-monthly Regulatory Newsletter synthesizes news in the energy, electronic communications, public health and public procurement legal sectors. The decisions and judgements of the French Supreme Administrative Court...more

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