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Zoning, Planning & Land Use law-news Energy & Utilities

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:
Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lockesburg...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Lockesburg, Arkansas entered in an August 30th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Odor Enforcement: South Coast Air Quality Management District (California) Proposed Order Addressing Castaic Landfill

The South Coast Air Quality Management District (“South Coast AQMD”)  issued an August 27th press release stating that its Hearing Board issued an Order for Abatement (“Order”) for the Chiquita Canyon Landfill (“CCL”). CCL...more

Ward and Smith, P.A.

Amending Your Planned Community's Declaration

Ward and Smith, P.A. on

The most common question community associations in planned communities (i.e., single, family homes) pose is, "How can we amend our declaration?" Of course, this question includes many layers: What is the proper procedure?;...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Subsurface Fluid Distribution System/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Proposed Oregon Department of Environmental Quality Order Addressing Portland Autobody Paint Operation

The Oregon Department of Environmental Quality (“ODEQ”) issued a June 25th Notice of Civil Penalty Assessment and Order (“Order”) to Crash Champions, LLC (“CC”) addressing an alleged violation of certain Oregon air...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Generic Prohibitions/NPDES Permits/Water Quality Standards: Environmental and Community Organizations' Amici Curai Brief...

EarthJustice and other environmental/community organizations have filed a joint Amici Curai Brief in the United States Supreme Court styled: City and County of San Francisco v. EPA (“Brief”). See Docket No. 23-753....more

Coblentz Patch Duffy & Bass

2024 Housing Legislation Overview: Major Pending Bills on the Governor’s Desk

During the 2024 California Legislative Session, which closed on August 31, the State Legislature again passed many bills seeking to ease the state’s housing crisis. This post focuses on key housing-related bills that are, at...more

Perkins Coie

CEQA Statute of Limitations Not Triggered by Planning Commission NOD While Appeal to Board of Supervisors Was Pending

Perkins Coie on

A Court of Appeal held that the CEQA statute of limitations period does not begin to run after the filing of an initial notice of determination if the project is appealed. Central for Biological Diversity v. County of San...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act/Environment: Tennessee Department of Environment and Conservation Proposed Director's Order and Assessment

The Tennessee Department of Environment and Conservation (“TDEC”) issued a September 5th Proposed Director’s Order and Assessment (“Order”) to the City of Dayton, Tennessee addressing alleged violations of the Tennessee Safe...more

Allen Matkins

California Environmental Law & Policy Update 9.13.24

Allen Matkins on

Federal officials announced on Wednesday that the U.S. Environmental Protection Agency (EPA) has approved a three-year-old rule — known as the Warehouse Indirect Source Rule (Rule) — targeting air pollution linked to Southern...more

Cole Schotz

A Good Neighbor: Obligations of the Neighboring Property Owner to a Development Site in NYC

Cole Schotz on

Simply owning property in New York City likely means that, at some point – more than once – a neighbor will need to access your property to protect it during development or maintenance work taking place at its adjacent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nitrogen/Wastewater Treatment Plant: U.S. EPA Environmental Appeals Board Petition Filed Challenging Washington NPDES Permit

The Northwest Environmental Advocates (“NWEA”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board challenging a Clean Water Act...more

Houston Harbaugh, P.C.

Texas Appeals Court Rules that Surface Owner Could Not Enforce Pipeline Burial Covenant in Oil and Gas Lease

Houston Harbaugh, P.C. on

Let’s assume that you purchase a 105 acre farm in Greene County in 2022. You purchase only the surface estate while the seller, Farmer Jones, retains the underlying oil and gas rights. You intend to grow corn and winter...more

Oliva Gibbs LLP

Carbon Copy: Pennsylvania’s CO2 Storage Plan Breaks New Ground

Oliva Gibbs LLP on

On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more

Lowndes

Osceola County Approves Increase to Impact Fees

Lowndes on

On September 9, 2024, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County. Impact fees are a one-time...more

Holland & Knight LLP

California Legislature Passes Major Reforms for "Builder's Remedy" Projects

Holland & Knight LLP on

California law requires cities and counties to regularly plan for new housing development and to prepare and adopt housing elements that formalize these plans. For those cities and counties that fail to adopt housing elements...more

McGuireWoods LLP

Fairfax County Board Adopts Data Center Zoning Changes

McGuireWoods LLP on

On Sept. 10, 2024, the Fairfax County, Virginia Board of Supervisors approved a zoning ordinance amendment that creates new restrictions for data centers. The amended ordinance permits by-right data center development in...more

Hogan Lovells

UK Real Estate Horizon Scanner Autumn 2024

Hogan Lovells on

The new UK government has leapt out of the starting blocks at full pace in terms of promises of reform, a rental revolution and a planning shake-up. So what is coming down the line in terms of new legislation over the next...more

Saiber LLC

New Jersey Establishes Self-Certification Program for Design Professionals, Easing Building Permit Process

Saiber LLC on

On Thursday, August 22, 2024, Acting Governor Nicholas P. Scutari (D) signed into law the New Jersey Design Professional Self-Certification Act (A4360/S3402), a Bill that requires the establishment of a design professional...more

Allen Matkins

California's Construction General Permit and Industrial General Permit – 2024/2025 Annual Update

Allen Matkins on

Regional Boards’ enforcement of the Construction General Permit (CGP) and Industrial General Permit (IGP) continues to yield high penalty figures; transition to 2022 CGP brings new requirements; and the forthcoming...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Camden...

The Arkansas Department of Energy and Environment – Division of Environmental Quality and the City of Camden, Arkansas entered into an August 30th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Effective Utility Management/A Primer for Water Sector Utilities: Association of Clean Water Administrators Issues New Publication

The Association of Clean Water Administrators (“ACWA”) announced the issuance of a document titled: Effective Utility Management – A Primer for Water Sector Utilities (“Primer”). ...more

K&L Gates LLP

Law No. (5) of 2024 Regulating Real Estate Registration: Overview and Key Changes

K&L Gates LLP on

Law No. (5) of 2024 Regulating Real Estate Registration (the Real Estate Registration Law), was published in the Official Gazette on 5 June 2024 and takes effect from that date. The Real Estate Registration Law repeals and...more

(ACOEL) | American College of Environmental...

An Alaska-sized land conservation decision that may nonetheless be news to you

In the last week of August, the Biden administration finalized protection of 28 million acres of federal land and water in Alaska that is critical for birds, fish, caribou, and the communities that rely on them. That’s an...more

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