News & Analysis as of

Permits

Permits Moving to the Permits Online System this Fall Could Cause Substantial Delays

by McDermott Will & Emery on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently notified holders of permits that were originally filed in paper of plans to move all permits to the Permits Online (PONL) system this fall. ...more

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before...more

Additional Opportunity for Increased Extension of Building Permits and Development Orders: Interested parties must notify issuing...

Due to Governor Scott's recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit...more

TransCanada Receives Presidential Permit to Construct Keystone XL Pipeline

by King & Spalding on

On March 24, the Trump Administration granted a Presidential permit to TransCanada, which gives the company authority to “construct, connect, operate, and maintain pipeline facilities” for the Keystone XL Pipeline. The...more

Federal Court Rules That the Ship Mortgage Act Preempts State Law Protecting Permits From Becoming Security Interest

by Lane Powell PC on

Last month, in Bank of the Pacific v. F/V ZOEA, 2017 WL 823298, Case No. 3:15-cv-05758-RSL, the United States District Court for the Western District of Washington ruled that the federal Ship Mortgage Act, 46 U.S.C. §§ 31321...more

Hops on the 'Bus: ABC Omnibus Legislation (HB 500)

by Ward and Smith, P.A. on

House Bill 500 ("HB500"), pending in the North Carolina General Assembly, is a new bill of particular interest to the booming brewing industry in North Carolina. Scheduled for its first vote in the Committee on Alcoholic...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

by Latham & Watkins LLP on

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more

Contract of Work for IUPK OP: A Tough Decision

by White & Case LLP on

The Indonesian government ("Government") has issued a number of regulations to implement its mining policy, including GR 1/of 2017. In moving towards a single Special Mining Permit Operation Production license (IUPK...more

Despite Trump approval, Keystone XL pipeline still has hurdles to cross

by Dorsey & Whitney LLP on

Last Thursday, the Trump administration issued a presidential permit to TransCanada to operate and construct the Keystone XL pipeline. Although the granting of the presidential permit is a big step forward, many regulatory...more

Promulgation of TMDLs Does Not Create a Non-Discretionary Duty to Require NPDES Permits

When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

by Nossaman LLP on

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring...more

Mexico's Energy Regulatory Commission Clarifies 10 Scenarios on Trading for Oil Products

by Holland & Knight LLP on

Mexico's Energy Reform of 2013 opened oil and gas sectors to private direct investment and operation. Under that reform, trading of hydrocarbons, oil and petrochemicals (oil products) opened in all value chains, even though...more

Corps of Engineers Nationwide Permits – Some New, Some Modified – Take Effect

by Beveridge & Diamond PC on

On March 19, 2017, the latest iterations of the U.S. Army Corps of Engineers’ nationwide permits (NWPs) will take effect. As set forth in the Corps’ final rule announcing these NWPs, the 2017 package contains 52 permits,...more

Preserving Constitutional Issues: Three States, Three Cases, One Hard Lesson

by Carlton Fields on

Late last year, three states illustrated an important point about preserving constitutional law issues for appeal: always be on the lookout for constitutional law issues at the beginning of the case. ...more

Oportunidad de extender permisos y órdenes de desarrollo urbano durante casi 16 meses

Quienes cuenten con permisos u órdenes de desarrollo urbano tienen la oportunidad de suspender el período restante para ejercer derechos en virtud del permiso u orden durante casi 16 meses. La Sección 252.363 de los Estatutos...more

Trump Executive Order Seeks to Limit Scope of Clean Water Act

by Morgan Lewis on

The executive order asks agencies to repeal or revise an Obama-era rule defining the scope of the Clean Water Act and recommends adoption of a narrower standard articulated by the late Justice Scalia....more

President Trump Orders Reexamination of Controversial Federal Power Grab Under Clean Water Act

by Pessin Katz Law, P.A. on

The Clean Water Act, passed in 1972, allows the EPA and the Army Corp of Engineers to regulate many activities, including development and agriculture, to the extent these activities impact Waters of the United States. Such...more

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

by King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

Opportunity to Extend Development Orders and Permits for Almost 16 Months

Holders of permits and development orders have the opportunity to toll the period remaining to exercise rights under the permit or order for nearly 16 months. Section 252.363 of the Florida Statutes permits a tolling of...more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

by Best Best & Krieger LLP on

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Maine's Joint Select Committee on Marijuana Legalization Implementation

by PretiFlaherty on

Possession of up to 2.5 ounces of marijuana for recreational purposes has now been legal in the State of Maine for three weeks. The world as we know it seems unchanged....more

Belgian Retail Newsletter: FLEMISH REGION: Drastic reform of the Flemish permit landscape

by McGuireWoods LLP on

INTRODUCTION - For many years, various Flemish real estate projects (including retail, industrial, etc.) were subject to one or more permits: a building permit for the urban planning aspects, an environmental permit for...more

Pennsylvania Accepts Applications for Medical Marijuana Growers, Processors and Dispensaries

by Pepper Hamilton LLP on

The Pennsylvania Department of Health will accept permit applications for medical marijuana grower/processors and dispensaries from February 20, 2017 until March 20, 2017, pursuant to its authority under the Medical Marijuana...more

As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements

by Farrell Fritz, P.C. on

Municipalities on Long Island are struggling to control rental properties. In Southampton, rental properties are governed by Chapter 270 of the Southampton Town Code (the “Code”). Section 270-3 of the Code establishes that an...more

District of Columbia Proposes Much Anticipated Synthetic Minor Air Permitting Regulations

by Beveridge & Diamond PC on

On February 3, 2017, the District of Columbia’s Department of Energy & Environment (“Department”) released a Notice of Proposed Rulemaking announcing its much-anticipated synthetic minor air permitting regulations (“Proposed...more

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