News & Analysis as of

Permits

Time Will Tell If Trump Infrastructure Executive Order Shortens Federal Reviews

On August 15, 2017, President Trump issued an Executive Order (EO) (not yet numbered) that seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and...more

[Webinar] New Developments Impacting the Oil and Gas Industry - August 31st, 12:00pm ET

by Steptoe & Johnson PLLC on

In this webcast, Diana Prulhiere and David Little will provide a high level overview of recent regulatory and litigation matters in Colorado affecting the oil and gas industry, as well as an update on recent regulatory...more

Zoning Hurdles for Budding Pennsylvania Cannabis Businesses

by Cozen O'Connor on

The Pennsylvania Medical Marijuana Act (Act 16) establishes three different categories of permits for operators: (1) grow/process permits, (2) dispensary permits, and (3) clinical registrant permits. A limited number of...more

N.C. Governor Signs H.B. 589

by Foley & Lardner LLP on

North Carolina Governor Roy Cooper has signed H.B. 589 into law. H.B. 589, otherwise known as the Competitive Energy Solutions Plan, adds the following features to the already robust North Carolina solar industry: competitive...more

12 Legal Pitfalls Wineries Should Avoid With Hospitality and Marketing Events

Winery consolidation and brand proliferation — hallmarks of the California wine market over the past 10 years — both continue to grow. With nearly 5,000 wineries and some estimate over 15,000 wine brands now competing for a...more

Should Infrastructure Project Developers Invoke Streamlined Environmental Review Under FAST-41?

by Perkins Coie on

Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) includes measures to streamline environmental reviews for certain infrastructure projects. Congress passed the FAST Act in December 2015, and the Office of...more

Coming Soon To a Massachusetts Facility Near You: More Citizen Enforcement?

Earlier this week, the Massachusetts Executive Office of Environmental Affairs went live with two new web sites intended to increase the public availability of information concerning regulated entities in Massachusetts. The...more

Tropical Storm Emily State Of Emergency Presents New Opportunity For Extension Of Development Approvals, But Time Is Running Out...

by Akerman LLP on

On July 31, 2017, Governor Scott issued Executive Order 17-204, declaring a 60-day state of emergency in 31 counties for Tropical Storm Emily and thereby providing a new opportunity for extension of certain development...more

Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a...

by Goulston & Storrs PC on

In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board...more

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR,...more

Local Ballot Measures: Continuing Legal and Political Points of Division

by Nossaman LLP on

A recent swell of local ballot measures throughout the State and the controversy and case law that has resulted serve to remind the Elections Law/Land use lawyer that more than a little caution is warranted, as the web of...more

EPA Delays Compliance with Massachusetts MS4 Permit

On July 13, 2017, EPA extended the compliance deadline for its General Permit for Small Municipal Separate Storm Sewer Systems for one year, until July 1, 2018. The move almost certainly prompted a collective sigh of relief...more

California Supreme Court Holds that Landowners Forfeited Right to Challenge Conditions of Permit to Build New Seawall by...

by Miller Starr Regalia on

On July 2, 2017, the California Supreme Court issued its opinion in Lynch v. California Coastal Commission, __ Cal.5th __ (Case No. S221980), holding that the owners of two coastal bluff properties in Encinitas forfeited...more

California Supreme Court Rules Homeowners Forfeited Right to Challenge Coastal Development Permit Conditions By Undertaking Work...

by Allen Matkins on

The California Supreme Court ruled on Thursday in Lynch v. California Coastal Commission that two homeowners who obtained a coastal development permit (CDP) from the California Coastal Commission (Commission) to construct a...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

The D.C. Circuit shows the way through the red tape in pipeline permitting dispute

by Hogan Lovells on

On June 23, 2017, the United States Court of Appeals for the District of Columbia Circuit held that Millennium Pipeline Company LLC lacked standing to bring a claim against the New York State Department of Environmental...more

Landowner Waives Right to Challenge Permit Conditions

Lynch v. California Coastal Commission (July 6, 2017, Case No. S221980) - Why It Matters: Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit? The California...more

Pennsylvania awards 27 Dispensary Permits

by Tucker Arensberg, P.C. on

Pennsylvania’s Department of Health released the names of the 27 dispensaries awarded permits this afternoon. The full list of permit holders can be found here....more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

by Downey Brand LLP on

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

Brewing in the Zone: A Zoning Primer for Brewers

by Bowditch & Dewey on

Imagine finding the perfect site for your new brewery and tap room—it’s spacious, inexpensive, and conveniently located—only to be told by your lawyer that breweries aren’t allowed in that particular location. This is the...more

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Update On Development Approval Extensions Available Under Emergency Declarations

by Akerman LLP on

Over the past several months, Governor Scott has continued to issue emergency declarations, resulting in the opportunity for developers to claim extensions of certain development approvals. Two new states of emergency were...more

Rhode Island Considering Legislation to Streamline Process of Developing Renewable Energy Projects

by Pierce Atwood LLP on

The Rhode Island General Assembly is considering several bills designed to streamline the local permitting process statewide and make it easier and cheaper for developers of renewable energy projects to do business in the...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

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