Religious Use Law in South Florida
Real Estate Developer Rights When Cities Demand Too Much
[WEBINAR] Planning in the Coastal Zone
Welcome to the Third Issue of Sullivan’s Zoning and Development Newsletter- This newsletter is a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide...more
Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more
The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA. Saint Ignatius...more
The Appeals Court of Massachusetts (“Court”) addressed in a May 13th Opinion the interpretation of certain zoning laws to the importation of soil (which included some man-made materials). See Immanuel Corp. v. Zoning Board of...more
A California Court of Appeal held that the Coastal Commission and the Department of Housing and Community Development have concurrent jurisdiction over mobilehomes located in the coastal zone and that proper notice of a...more
Ms. Maureen Wren, Director of Media Relations of the New York State Department of Environmental Conservation (“NYS DEC”) noted a needed correction and addition to this post. Ms. Wren stated the post should have indicated...more
In Linovitz Capo Shores LLC v. Calif. Coastal Commission (Linovitz Capo), California's Fourth District Court of Appeal applied and reconciled three different statutes. The first, the California Mobilehome Parks Act...more
One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more
The week before Christmas 2020, I received word from the N.C. Supreme Court that it had denied discretionary review in a case out of Western North Carolina that my client had won in the N.C. Court of Appeals in 2018. We had...more
Later this year, it is likely that the Delaware River Basin Commission (DRBC) will vote on whether to approve a new natural gas export terminal to be located on the Delaware River in Gibbstown, New Jersey, just southeast of...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 30th Opinion a challenge to a Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more
Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more
The Minnesota Court of Appeals (“Court”) addressed in a March 23rd Order the Minnesota Pollution Control Agency’s (“MPCA”) grant of an air emissions permit to PolyMet Mining, Inc. (“PolyMet”). See In re Issuance of Air...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The year 2019 saw several trailblazing opinions, indicating that courts continue to grapple with some of CEQA’s core policies. The...more
Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more
If you’re seeking a special permit for a project, be prepared to prove that your proposal complies with the town’s bylaws. First things first. What is a special permit? Generally, a special permit allows an applicant to...more
In Berkeley Hills Watershed Coalition v. City of Berkeley (2019) 31 Cal.App.5th 880 [certified for partial publication], the Court of the Appeal for the First District affirmed that the construction of three new single-family...more
Climate change is an increasingly important concern for lawmakers and decision makers around the world. For companies and institutions looking to promote hydrocarbon projects in the future, climate change considerations may...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more
An appellate court held that the City of Los Angeles’s procedure for approval or denial of development projects in Venice did not violate residents’ due process rights because the procedure was ministerial. Coalition to...more
“Out here, due process is a bullet!” – John Wayne - As a general principle, the federal and state constitutions prohibit governmental entities from depriving persons of property without due process of law....more
Energy Companies to Appeal Loss of Forest Service Permit for Atlantic Coast Pipeline - "The builders of the $7 billion Atlantic Coast Pipeline say they will appeal a federal court ruling that invalidated a permit allowing...more
The key to a legal nonconforming use is establishing that the use previously existed legally. The Utah Court of Appeals recently reiterated this statutory requirement in LJ Mascaro v. Herriman City, 2018 UT App 127, where it...more
The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more
C & H Hog Farms, Inc. (C & H) has filed responses to certain Arkansas Department of Environmental Quality (“ADEQ”) motions in its appeal of the agency’s denial of a Regulation 5 permit for its sow-farrowing facility in Newton...more