Zoning, Planning & Land Use Transportation

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Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

Recent Surface Transportation Board Preemption Decisions of Note

In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the...more

Oil on the Rails: States Increasing Regulation of Oil Trains

The increase in North American petroleum production in recent years, coupled with inadequate pipeline infrastructure, has resulted in a significant rise of, and reliance on, the transport of crude oil by rail. Public...more

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or...more

FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

California Governor Aims to Reduce Emissions 40 Percent Below 1990 Levels by 2030

In an Executive Order issued yesterday, California Governor Jerry Brown set “a new interim statewide greenhouse gas emission reduction target to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030 is...more

Keystone XL’s Opponents Won’t Derail Canadian Oil Trains to the Gulf Coast

The U.S. Gulf Coast—with its 1.4 million barrels per day of coker[*] refining capacity geared to maximize output of high-value lighter products from lower-cost, heavy, high-sulfur crude oil feedstocks—is an ideal market for...more

Environmental Alert: "Potential Seismic Activity from Injection Wells Prompts Railroad Commission of Texas to Order Hearings"

On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more

2015 Ontario Budget: Full Speed Ahead for Infrastructure

On April 23, 2015, the Ontario government (Province) released its 2015 budget, entitled “Building Ontario Up” (Budget). As the title would suggest, the Budget emphasizes Ontario’s plans for the future with respect to...more

2015 Ontario Budget: Full Speed Ahead for Infrastructure

On April 23, 2015, the Ontario government (Province) released its 2015 budget, entitled “Building Ontario Up” (Budget). As the title would suggest, the Budget emphasizes Ontario’s plans for the future with respect to...more

What is Done is Done – and Cannot be Undone

Lady Macbeth tells her troubled husband, “What is done is done” and later says to herself “and cannot be undone.” This is the outcome in Hillcrest Property, LLP v. Pasco County, 754 F. 3d 1279 (11th Cir 2014) and apparently...more

FERC Revises Interstate Natural Gas Pipeline Nomination Timelines

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a much-anticipated final rule modifying some of the scheduling practices used by interstate natural gas pipelines to better coordinate the scheduling...more

Tenth Circuit Upholds Roadway Project On Lands Formerly Used To Manufacture Nuclear Weapons

On April 17, 2015, the United States Court of Appeals for the Tenth Circuit affirmed a district court decision upholding the U.S. Fish and Wildlife Service’s (FWS) approval of a roadway project in the Rocky Flats area of...more

California Environmental Law & Policy Update - April 2015 #3

Environmental and Policy Focus - Army Corps jurisdictional determinations subject to pre-permit judicial review, Eighth Circuit says - Allen Matkins - Apr 13: EPA and Army Corps of Engineers imposition of federal...more

North Carolina General Assembly Week in Review

Members of the North Carolina General Assembly had a full schedule this week, considering bills on everything from repealing the state’s cumbersome Map Act to voiding a law which required teachers to write Personal Education...more

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

A Skimmed Plan Nord: Keeping in Line with Quebec’s Current Economic Landscape

The Quebec government first launched its Northern Plan, le “Plan Nord”, in 2011 with great fanfare. The Plan Nord seeks to develop Quebec’s vast territory north of the 49th parallel, which covers 72 per cent of the province...more

U.S. Climate Policy That Will Actually Matter in the Short Term

Lost in a series of higher-profile actions concerning his Administration’s climate change initiatives, President Obama’s Executive Order on Floodplain Management will have a profound impact on any future federally-funded...more

Caltrans and Temecula Join Forces to Relieve I-15 Congestion

The City of Temecula is moving forward with the French Valley Parkway. The project involves constructio of a new arterial, as well as improvements to the I-15 Winchester Road interchange. Phase I of the project included...more

“Beyond Traffic”: Imagining a Brighter Infrastructure Future

U.S. Department of Transportation Secretary Anthony Foxx has a favorite saying that he attributes to one of his public school teachers: “Having no plan is a plan.” Well, now the USDOT has a plan, or, as it calls it, a...more

Miami’s Green Spaces Are Prime Assets for Public-Private Partnerships

On March 29, 2015, the Transportation and Infrastructure Committee of the Greater Miami Chamber of Commerce, of which Bilzin Sumberg is a member, hosted an event that discussed infrastructure plans that would increase Miami’s...more

Renewable Energy Update - March 2015 #3

Renewable Energy Focus: Carbon Emissions Stop Rising for First Time in 40 Years - Renewable Energy World - Mar 16: Global emissions were unchanged last year. This was the first time in four decades that emissions...more

Real Property, Financial Services & Title Insurance Update: Week Ending March 27, 2015

REAL PROPERTY UPDATE - Marketable Record Title Act: right-of-way held by Florida Department of Transportation qualifies for right of way exception under MRTA and remainder of property held in fee by Florida Department...more

Crude-by-Rail Still Outcompetes Pipelines in the Bakken

With low oil prices and producers slashing the rig count in the Bakken shale, it is fair to ask whether crude-by-rail will be able to compete with pipelines in the region. The bottom line is that crude-by-rail is likely to...more

Art Dao, Executive Director of the Alameda County Transportation Commission, Speaks at the Wendel Rosen Construction Practice...

On March 2, 2015, Art Dao, Executive Director of the Alameda County Commission, spoke to a packed house at the Wendel Rosen Construction Practice Group’s Breakfast Forum on the Commission’s plans for nearly $8 billion in...more

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