Zoning, Planning & Land Use, Transportation Law

California Environmental Law and Policy Update - May 20, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 5/22/2013

Environmental and Policy Focus - Federal omission in closing oyster farm broke law, court told - Los Angeles Times - May 14: The U.S. Interior Department violated federal law by failing to conduct an environmental...more

A Look At Two Approaches To Oil And Gas Regulation

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/14/2013

This is a tale of two regulatory schemes. First, there is the federal way, and I’m not making this up. First, there is the federal way, and I’m not making this up: In my last post we learned that if the BLM,...more

Project Benefits: the "Transit Premium"

by Brad Kuhn | Nossaman LLP on 4/26/2013

Light rail and rapid transit appear to be the hot ticket in California. Most of our right-of-way acquisition and eminent domain work over the last few years has centered on such projects. One interesting dispute that...more

Amendments to the Regulations Designating Physical Activities

by Brad Gilmour, Cassia Prentice | Bennett Jones LLP on 4/18/2013

On April 12, 2013, the Canadian Environmental Assessment Agency released its Draft Regulations Amending the Regulations Designating Physical Activities (the Amended Regulations). According to the Regulatory Impact Analysis...more

US District Court Judge Orders Washington Highway Culverts Opened for Fish Passage

by Lane Powell PC - Environmental Law on 4/11/2013

Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington...more

Public-Private Partnerships A Winning Strategy

by Albert E. Dotson, Jr. | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

The global recession was unkind to communities across the United States and around the world. Facing diminished tax bases, frozen capital markets and a reduction in federal and state funding, many local governments shelved...more

Texas Railroad Commission Amends Fracturing Fluid Recycling Rules to Encourage Water Conservation

by George Skupski | BakerHostetler on 4/5/2013

Under rules adopted by the Texas Railroad Commission (Commission) on March 26, 2013, effective April 15, 2013, Texas hydraulic fracturing operators may recycle fracturing fluids on their own leased or owned land used for...more

La Mirada Resolves Last Eminent Domain Action for Valley View Underpass Project

by Brad Kuhn | Nossaman LLP on 4/4/2013

According to an article in the Whittier Daily News, La Mirada agrees to pay $1.8 million to settle eminent domain case for new railroad underpass, the City of La Mirada has agreed to pay $1.8 million to settle the last...more

East End Crossing Achieves Financial Close

by Barney Allison | Nossaman LLP on 3/29/2013

Almost a year to the day from when the procurement began, the East End Crossing P3 project has achieved financial close. Raising nearly $1 billion of public and private debt and equity funding, WVB East End Partners, made up...more

District of Columbia Mayor Gray Announces Release of New Sustainable DC Plan to Implement Sustainability Initiative

by Amy L. Edwards | Holland & Knight LLP on 3/8/2013

The release of a new plan to implement the District of Columbia's "Sustainable DC" Initiative was announced by Mayor Vincent Gray on February 20, 3013. The Sustainable DC Plan builds on 15 months of planning and public...more

TxDOT Executes Agreement for North Tarrant Express Segments 3A & 3B

by Linda Cunningham | Nossaman LLP on 3/6/2013

Texas Department of Transportation (TxDOT) officials executed a Facility Agreement with NTE Mobility Partners Segments 3 LLC (Developer) on March 1 for Segments 3A and 3B of the North Tarrant Express project in northeast...more

DBIA Announces the 2013 Design-Build in Transportation Leadership Awards

by Edmund Caplicki | Nossaman LLP on 3/6/2013

The Design-Build Institute of America announced today the 2013 Design-Build in Transportation Awards, which will be presented on March 19, 2013 at the 2013 Design-Build in Transportation Conference in Orlando, Florida....more

NH Supreme Court Reverses Recent Decision Regarding Restrictions On Excavation Permitting

by Mark E. Beliveau, John M. Formella, Matthew D. Manahan | Pierce Atwood LLP on 2/13/2013

In a November 16, 2012 alert, we discussed the New Hampshire Supreme Court’s November 9, 2012 decision in Town of Carroll v. Rines. That decision concluded that state law preempts certain municipal restrictions on excavation...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

by Brad Kuhn | Nossaman LLP on 2/6/2013

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

Perfect Storm for CEQA Reform In 2013? Former Govs Weigh In

by Arthur F. Coon | Miller Starr Regalia on 2/6/2013

Hot on the heels of Governor Jerry Brown’s 2013 State of the State address, which raised the need for CEQA reform (as noted in my immediately-preceding blog post), a trio of former California governors has echoed and...more

Call For Comments On The Third National Climate Assessment

by J. Wylie Donald | McCarter & English: Climate Change &... on 2/4/2013

The draft “National Assessment of Supply Chain and Other Developing Risks” was issued just last month. It outlined increasing threats to infrastructure, food and water supplies, air quality, national security, public health...more

Alaska In-State Gas Pipeline Moving Forward

by Mike Jungreis | Davis Wright Tremaine LLP on 1/18/2013

To most people, the phrase “bullet line” no doubt conveys an image of fast Japanese trains; but in Alaska, it means a small diameter gas pipeline running the 730 miles across the wilderness from Prudhoe Bay on the Arctic...more

2012 Eminent Domain Year in Review & 2013 Forecast

by Brad Kuhn on 1/10/2013

As we look back on 2012, it was unquestionably a busy year. Federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. The potential use of eminent domain...more

Port Miami’s Development Improve Sea, Road, And Rail Access

by Albert E. Dotson, Jr., Eric Singer | Bilzin Sumberg Baena Price & Axelrod LLP on 12/13/2012

We recently mentioned the Port of Miami’s ambitious development plans in the context of the several major public projects taking place in South Florida. Among these projects, it is clear that the activity at the Port is of...more

Army Corps’ New Plant List Expected to Increase Number of Wetlands, Assertions of CWA Jurisdiction

by Parker Moore on 12/12/2012

This article analyzes the potential impacts of the 2012 National Wetland Plant List, released earlier this year. The author concludes that the 2012 NWPL could effect a sea change in wetland regulation, as it classifies far...more

PHMSA Inspections to Focus on Integrity Management Program Evaluations

by Kevin A. Ewing, Lowell M. Rothschild | Bracewell & Giuliani LLP on 12/8/2012

Effective immediately, Pipeline and Hazardous Materials Safety Administration (PHMSA) inspections will emphasize the review of operator methods for integrity management (IM) program evaluations, the agency said in an Advisory...more

When is a Resolution of Necessity Tainted By Prior Agency Obligations?

by Brad Kuhn on 12/5/2012

One of the prerequisites to instituting an eminent domain action is the governing agency's adoption of a resolution of necessity to acquire the necessary property. At the time of adopting the resolution, the agency cannot be...more

Supreme Court Holds Temporary Flooding Can Be A Taking

by Brad Kuhn on 12/4/2012

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

The Evolution of Smart Growth: The new mantra of land-use planning.

by Buchalter Nemer on 10/30/2012

Originally published in Western Real Estate Business - October 2012. In land-use planning, as in other fields that respond to developing trends, yesterday’s truth becomes tomorrow’s heresy. Housing and development...more

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Zoning, Planning & Land Use › Transportation Law