News & Analysis as of

Critical Habitat Real Estate Development

Nossaman LLP

Group Seeks Permitting Requirement for Bird Deaths at Commercial Buildings

Nossaman LLP on

On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more

Nossaman LLP

California’s “Room to Roam Act:” Factoring Wildlife Connectivity Into Land Use Planning

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Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam Act.” If enacted without changes, the Room to Roam Act would amend Section 65302 of the Government Code to add certain “fish, wildlife, and...more

Hogan Lovells

Do you need to comply with the Biodiversity Net Gain requirement?

Hogan Lovells on

Our Real Estate Horizons flowchart explains what the new BNG requirement is, when it’s relevant and the options available for satisfying it, and provide details on how the biodiversity value of a site is calculated using the...more

Holland & Knight LLP

The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

Holland & Knight LLP on

As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in...more

BCLP

Biodiversity net gain: further clarification with 6 months to go

BCLP on

We have been closely following the emerging details of the new biodiversity net gain (BNG) regime and the emerging market for off-site BNG which is expected to come into force for most planning applications in November 2023...more

Miller Starr Regalia

First District Holds EIR’s Analysis of “No Project” Alternative To City of Livermore Residential Development Violated CEQA By...

Miller Starr Regalia on

In a published decision filed March 30, 2022, the First District Court of Appeal (Division 5) reversed a trial court judgment upholding the reissued final environmental impact report (“RFEIR”) for a 44-single family residence...more

BCLP

Emerging details of the new Biodiversity Net Gain regime

BCLP on

The DEFRA consultation published this month on the scope of the biodiversity net gain regulations to be introduced under powers in the Environment Act 2021, provides developers and landowners with a much clearer indication of...more

BCLP

The Canterbury and Crondall cases: A Tale of Two Habitat Regulations Screening Assessments

BCLP on

The CJEU in People Over Wind on the lawful approach to HRA screening has been tested again in the UK in two further cases.  The ‘Canterbury and Crondall’ cases which are examined in this blog show that, domestically, the...more

Farrell Fritz, P.C.

Developments Of Regional Significance Are Subject To Additional Scrutiny By Pine Barrens Commision

Farrell Fritz, P.C. on

The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located...more

Downs Rachlin Martin PLLC

Act 250 Commission Recommendations for Change - “There is nothing permanent but change.” - Heraclitus

On January 11, 2019, the Commission on Act 250 issued its final report making its recommendations, along with draft legislation proposing those changes. In 2017, the Vermont General Assembly created the Commission on Act...more

Best Best & Krieger LLP

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Stoel Rives - Environmental Law Blog

First Quarter CEQA Update in Under 60 Seconds

Okay, maybe slightly longer than 60 seconds. The point being, though, that CEQA case updates really should not read like law school case briefs. Long discussion of the lower court’s findings? No thank you. ...more

Latham & Watkins LLP

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

Latham & Watkins LLP on

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

Allen Matkins

California Environmental Law & Policy Update - September 2016

Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

Pierce Atwood LLP on

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Nossaman LLP

Eminent Domain Case Analyzes Mitigation Credits as a Highest and Best Use

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Eminent domain practitioners are well versed in analyzing a property’s highest and best use. Under these principles, a property being condemned is not necessarily valued based on its current, existing use....more

Nossaman LLP

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

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In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

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