News & Analysis as of

Erosion

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

California Supreme Court Sides with Coastal Commission in Case Challenging Permit Conditions - Ruling Holds That Property Owners...

by Holland & Knight LLP on

In Lynch v. California Coastal Comm'n, __ Cal.5th __, No. S221980, 2017 WL 2871762, 2017 Cal. LEXIS 5054 (Cal. July 6, 2017), the Supreme Court of California held that the owners of bluff-top residences along the California...more

Property Owner Forfeited Right to Challenge Coastal Commission Permit by Constructing Seawall - California Supreme Court Decision...

by Best Best & Krieger LLP on

A property owner who obtains a development permit will forfeit his right to challenge conditions imposed on that permit by proceeding with the development, the California Supreme said Thursday. ...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

New Draft Guidance Issued On Marine District Permits

by Farrell Fritz, P.C. on

One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

Unfair Competition in the Wine Industry

California counties are increasingly using California’s Unfair Competition Law (UCL) to bring government enforcement actions against local businesses for myriad reasons. California’s UCL is extremely broad, encompassing...more

New Legislation in North Carolina Impacts the Agribusiness Industry

by Nexsen Pruet, PLLC on

In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

by Arnall Golden Gregory LLP on

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

The Pennsylvania Pipeline Infrastructure Task Force Releases First Draft of Recommendations to Gov. Wolf for Future Pipeline...

by Reed Smith on

Overview of the Task Force - The Pennsylvania Department of Environmental Protection Pipeline Infrastructure Task Force (PITF) recently released the first draft of its report. In May 2015, Gov. Wolf announced the...more

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

by BakerHostetler on

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more

Development Update: Maine DEP Proposes Site Development Rule Changes

The Maine Department of Environmental Protection (DEP) will hold a hearing on October 15th to receive comments on three rulemaking changes to the state’s site location of development rules (“Site Laws”).  Additional public...more

NC Legislative Update for September 2015

by Nexsen Pruet, PLLC on

This Week - There was little action taking place in public this week at the North Carolina General Assembly. Both chambers kept relatively sparse calendars and neither chamber held any Committee meetings. The low...more

Base erosion profit shifting project recommendations to combat tax avoidance by multinationals

by DLA Piper on

At the request of the G20 Leaders, the Organisation for Economic Co-Operation and Development (OECD) has been considering 15 key elements to be addressed by 2015 for a co-ordinated international approach to combat tax...more

EPA Requiring Best Practices at Construction Sites to Control Erosion

by Dorsey & Whitney LLP on

The EPA published a final rule on March 6th that clarifies the requirements for the construction industry to use best management practices (BMPs) to control stormwater and minimize soil erosion and pollutant discharges. The...more

The District of Columbia's Implementation of Stormwater Management Regulations Enters Second Transition Phase

by Holland & Knight LLP on

During the second transition period for the implementation of the District's new Stormwater Management Regulations, certain regulated projects may qualify for exemptions from certain stormwater retention requirements....more

Victory on Permit Conditions Does Not Justify Fee Award

by Hinshaw & Culbertson LLP on

In Norberg v. California Coastal Commission the California Court of Appeal for the Fourth Appellate District decided a unique case arising from a permit dispute with the California Coastal Commission (“the Commission”)....more

2014 Transfer Pricing Resolutions

by McDermott Will & Emery on

Happy New Year! It’s time to make your 2014 transfer pricing resolutions: read a good book, learn a new language and, of course, exercise, exercise, exercise. 2013 was a very active year from a transfer pricing...more

Louisiana is Walking on Eggshell Skulls

by McCarter & English, LLP on

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. Florida distastefully remembers 2005 when four hurricanes — Charley, Frances, Ivan and Jeanne — roared...more

The Employer’s Duty to Provide Financial Information to the Union – Diluting the Nielsen Principle

by Snell & Wilmer on

A. Established Legal Principles - It has long been established that, while an employer is obligated to disclose financial information requested by its employees’ collective bargaining agent that is relevant and...more

Global Tax Report - September 2013: Intellectual Property Tax Planning

by White & Case LLP on

In This Issue: - United States: Benefits of Intangible Property Migrations - United Kingdom: Innovation: The Name of the Game - Germany: OECD’s Action Plan on Base Erosion and Profit Shifting (BEPS) Within the...more

EPA Proposes Water Quality Standards For Preventing Degradation of Water Bodies

by Best Best & Krieger LLP on

Regulations Require Identification of High Quality Lakes, Streams and Other Surface Water - The U.S. Environmental Protection Agency (EPA) recently issued proposed regulations governing the way it reviews and approves...more

Fourth Circuit Rejects Manipulation Of Judicial Process As Ocean Manhandles Homes

Can a community condemn shorefront cottages where the beach has eroded at 8 feet per year and the cottages interfere with emergency responders traveling along the beach? ...more

District Department of the Environment Finalizes Rulemaking on Stormwater Management, and Soil Erosion and Sediment Control

by Holland & Knight LLP on

The District Department of the Environment (DDOE) finalized its rulemaking on Stormwater Management, and Soil Erosion and Sediment Control (Stormwater Rules) on July 19, 2013. The Stormwater Rules, which were issued in order...more

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