Zoning, Planning & Land Use Government Contracting

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California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

Earlier we wrote about the affirmative defense of “design immunity” which can be used by public entities to shield themselves from personal injury claims dangerous conditions on public property. Under the design immunity...more

Congress Enacts Federal Permitting Improvements to Speed Infrastructure Projects

Congress enacted the Surface Transportation Reauthorization and Reform Act of 2015, also known as the Fixing America’s Surface Transportation Act (the FAST Act) on December 4, 2015. A part of the FAST Act, Title XLI—Federal...more

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

New Federal Permitting Council to Aid Large Infrastructure Projects — Emphasis on Energy

In December 2015, Congress passed the first major transportation infrastructure bill in over a decade, covering a large range of infrastructure projects and ensuring funding for the next five years. One section of the bill...more

Environmental Provisions of the FAST Act

On December 4, 2015, President Obama signed into law the “Fix America’s Surface Transportation Act,” Public Law 114-94 ("FAST Act"). As finally enacted, the FAST Act exceeds 400 pages in length. This paper reviews those...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former...more

New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental...more

After the Dust Settles: Implications of Continued Development in South Florida

To say South Florida’s real estate market is “booming” would be an understatement. The massive interest in development throughout Miami and its surrounding cities continues to increase. To quantify just how large this...more

Entrepreneurial Code of the Republic of Kazakhstan

On 29 October 2015, the RK Entrepreneurial Code was passed. It will be effective (except for some provisions) as of 1 January 2016....more

DoT Announces “Smart City” Challenge to Increase Infrastructure Efficiency in Urban Areas

On December 7, 2015, the U.S. Department of Transportation (DOT) issued a Notice of Funding Opportunity (NOFO) for “Beyond Traffic: The Smart City Challenge,” the first in a two-part solicitation for a federally funded...more

New Law Streamlines Federal Permitting and Environmental Review Processes

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

U.S. Department of Transportation Smart Cities Challenge Funding Opportunity

This week, the Department of Transportation announced a $40 million funding opportunity entitled Beyond Traffic: The Smart City Challenge. This award will be given to one mid-sized city that puts forward bold, data-driven...more

Kazakhstan introduces Public Private Partnership law

On 31 October 2015 a new RK Law on Public Private Partnership (‘PPP Law’) was signed. We summarize below the key aspects and developments of the PPP Law....more

DOT Smart City Challenge Grant Applications Now Being Accepted

The U.S. Department of Transportation launched the Smart City Challenge earlier this week for cities to compete for a grant of up to $40 million. The ideal Smart City applicant has an approximate population between 200,000...more

Energy, Infrastructure Permitting Improvement Legislation Signed by the President

The Highway Authorization Act signed into law by President Obama last Friday, December 4, includes an important set of reforms for streamlining the federal permitting process for infrastructure projects in a broad range of...more

Legislación para las P3 en Florida

El 24 y 25 de Septiembre, el condado de Miami-Dade realizó un instituto de las P3 denominado “The P3 Pipeline: A Forum for the Private Sector” (La vía de las P3: un foro para el sector privado). Entre los temas tratados en el...more

Differing Site Condition Defense Rejected

The Court of Appeals of Washington recently decided King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, a dispute between a joint venture contractor (the Contractor) and King County, Washington...more

Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

New Rules Encourage Use of P3s

The recently released Internal Revenue Service (IRS) rules in the final allocation and accounting regulations encourage the use of public-private partnerships (P3s). Under these rules, a private party can form a partnership...more

Colorado Court of Appeals Recognizes Implied Warranty of Suitability Between Master Developer and Later Purchasers

Last week, the Colorado Court of Appeals issued an opinion recognizing for the first time that a master developer may be liable to a subsequent home purchaser under an implied warranty of suitability. Rogers v. Forest City...more

P3 Legislation in Florida

On September 24-25, Miami-Dade County held a P3 Institute entitled “The P3 Pipeline: A Forum for the Private Sector.” Among the topics discussed at the Institute was a measure currently before the Florida Legislature that, if...more

Who’s Responsible for this Project Design? Massachusetts Knows

We wanted to share this timely post by Elizabeth Wright on our Construction Law Zone blog because it affects Construction Manager-At-Risk projects undertaken in Massachusetts, a topic we know is of interest to our readers....more

Appellate Court Upholds TIF District Levy and Collection of Taxes

The Illinois Appellate Court recently upheld the actions of a city council in its establishment and implementation of a TIF district (Devyn Corp. v. City of Bloomington). In this case, the Court addressed the adequacy of a...more

Northern Powerhouse Series: Cities and Government Devolution Bill 2015

In his speech to Leeds ONE on 11 September David Cameron pointed out that "It is … a proven reality that money spent closer to people is often money spent wiser – " City Deals, Growth Deals and the more recent devolution...more

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