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Land Developers Permits

Perkins Coie

Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan Scrutiny

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In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Goldberg Segalla

The Clean Water Act’s Not So Clean Application in Close Cases

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Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more

Miller Starr Regalia

Santa Barbara Liable for Taking Private Property When its Permit Denial Made Clear no Development Would be Allowed

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In a case that exists only because of the choices a city made in both application decision-making and litigation, the Second District Court of Appeal held, in Felkay v. City of Santa Barbara, __ Cal.App.5th __ (2021), that...more

Alston & Bird

New Stormwater Rules Proposed for Future California Construction and Development Projects

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Our Environment, Land Use & Natural Resources Group deconstructs the California State Water Resources Control Board’s draft of the new construction stormwater permit ahead of the upcoming public workshops....more

Pierce Atwood LLP

Maine Law Court Restricts Use of Easements for Development Permits

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Recently,  the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more

Miller Starr Regalia

Completion of Development Project Rendered Opponent’s Challenge to County’s Issuance of a Building Permit Moot

Miller Starr Regalia on

The Third District Court of Appeal published an important new case on September 16, 2020—Parkford Owners for a Better Community v. County of Placer, __ Cal.App.5th __ (2020) (Case No. C087824)—holding that a project...more

Foley & Lardner LLP

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

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On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

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

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

Brownstein Hyatt Farber Schreck

CEQA News You Can Use - Vol. 4, Issue 2

Welcome to CEQA News You Can Use, a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to your...more

International Lawyers Network

Buying and Selling Real Estate in the Bahamas

PURCHASE OF BAHAMIAN REAL ESTATE BY NON- BAHAMIANS - Columbus came to The Bahamas when he first discovered the New World, landed on San Salvador in 1492. Over the centuries, the islands of The Bahamas became key waypoints...more

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

U.S. Corps of Engineers Permit Application/Approval Process: March 28th Vicksburg District Outreach Event for...

As noted in a February 5th post, the Vicksburg District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced the scheduling of what it describes as an “outreach event” for consultants and applicants. ...more

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

U.S. Corps of Engineers Permit Application/Approval Process: Vicksburg District Announces March 28th Outreach Event for...

The Vicksburg, Mississippi District Regulatory Branch of the United States Corps of Engineers (“Corps”) announced what they describe as an “outreach event” for consultants and applicants. The purpose of the outreach event...more

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

U.S. Army Corps of Engineers (Vicksburg District) Public Notices 404 Permit Application: Proposed Pulaski County, Arkansas,...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued an October 25th Public Notice stating that an application had been received for a Section 404 Clean Water Act permit (i.e., to discharge dredged...more

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

Wetlands Designations/Clean Water Act: Federal Appellate Court Addresses Whether Appropriations Act Mandates Use of U.S. Corps of...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 21st opinion whether language in a prior Congressional Act required the United States Army Corps of Engineers (“Corps”) to continue...more

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

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

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

U.S. Army Corps of Engineers (Vicksburg District) Section 404 Permit Application Public Notice: Miller County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a May 23rd public notice referencing a Clean Water Act Section 404 permit application. Section 404 of the Clean Water Act applies to...more

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

Greentree Reservoir (Ouachita County, Arkansas)/404 Permit Application: U.S. Army Corps of Engineers (Vicksburg District) Public...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita...more

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

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

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

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Holland & Knight LLP

California Court of Appeal Rejects Challenge to Water Right Permit and License Fee

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• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Takes Expansive View of the Definition of the Term “Mining,” Holding Wind Farm Project Needs Permit Prior to...

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more

Holland & Knight LLP

Florida State of Emergency for Zika Virus Has Terminated - Deadline for Extension of Development Permits Nears

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After the issuance of various extensions, the Zika virus state of emergency declared by Florida Gov. Rick Scott has terminated after the governor did not renew the Executive Order. However, holders of certain development...more

Steptoe & Johnson PLLC

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

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In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

Holland & Knight LLP

Florida Development Permits Eligible for Extension Due to Hurricane Irma

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A permit and development order extension opportunity is available as a result of the threat posed to Florida by the recent Hurricane Irma. Holders of certain development orders can request at least an additional six months to...more

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