News & Analysis as of

Permits Local Ordinance

Ervin Cohen & Jessup LLP

LA Al Fresco Deadline Extended

On Tuesday, July 30, 2024, Los Angeles Mayor Karen Bass announced that the deadline for restaurant owners to apply for the city’s permanent Al Fresco program has been extended to December 31, 2024. This means that any...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Ervin Cohen & Jessup LLP

After Pushback, LA Revises “Al Fresco” Dining Ordinance to Lower Cost and Streamline Approval Process

On April 7, 2023, the City of Los Angeles (the “City”) released a revised “LA Al Fresco Ordinance,” to govern outdoor dining. The City had previously released a February 2023 proposed ordinance that was met with intense...more

Beveridge & Diamond PC

Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal

Beveridge & Diamond PC on

In Bask, Inc. v. Municipal Council of Taunton, 490 Mass. 312 (2022), the Massachusetts Supreme Judicial Court (SJC) addresses the limits of the equitable authority of the Massachusetts Land Court to “make such other decree as...more

Perkins Coie

Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR

Perkins Coie on

The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more

Farrell Fritz, P.C.

Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval

Farrell Fritz, P.C. on

In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert, Inc., d/b/a Ira Wickes, Arborist (“Wickes”), sought a special use permit and site plan approval to conduct...more

Perkins Coie

Court of Appeal Upholds Water Boards’ Analysis of Economic Considerations Regarding Los Angeles County MS4 Permit

Perkins Coie on

A regional water board is not required to estimate the compliance costs for individual permittees before issuing a permit. City of Duarte v. State Water Resources Control Board, 60 Cal. App. 5th 258 (2021)...more

Perkins Coie

Regional Water Quality Control Board Unlawfully Delegated Authority to Modify Effluent Limits Under Discharge Permit

Perkins Coie on

A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more

Ervin Cohen & Jessup LLP

City Moves to Make L.A. Al Fresco Program Permanent

Ervin Cohen & Jessup LLP on

After the success and positive feedback for its “L.A. Al Fresco” program from customers and restaurant owners, the Los Angeles City Council is moving to make the initiative permanent. The L.A. Al Fresco Program was first...more

Perkins Coie

County’s Blanket Classification of All Well Permits As Ministerial Under CEQA Was Improper

Perkins Coie on

Where a county ordinance allowed for exercise of discretion in some circumstances regarding issuance of well construction permits, such permits could not categorically be classified as ministerial and hence exempt from CEQA...more

Williams Mullen

Court Holds Local NIMBY Ordinance Preempted by State Law

Williams Mullen on

The “not in my back yard” (NIMBY) doctrine taking hold across the United States was recently dealt a setback in South Carolina. The United States District Court for the District of South Carolina, Florence Division, recently...more

Best Best & Krieger LLP

Determining a “Super Majority” When Council Members are Missing

California Appellate Court Looks to Local Ordinance’s Intention for Determination - In determining what makes a “super majority” of a governing body, a California appellate court said the entire number of seats on the body...more

Downey Brand LLP

California Supreme Court Set to Review Companion Groundwater Cases and Resolve When County-Issued Well Permits May Be Treated As...

Downey Brand LLP on

After a long drought, the California Supreme Court at its November 14, 2018 conference voted unanimously to grant review of three decisions involving the question of whether well permits issued pursuant to county ordinances...more

Flaster Greenberg PC

Marcellus Shale Update: Pipelines and Politics

Flaster Greenberg PC on

The tortured story of the Mariner East 2 Pipeline construction may be coming to an end. If so, it will end the way it began, mired in controversy and inconsistent with what had been proposed and promised by the developers....more

Best Best & Krieger LLP

California Cooks Up Sidewalk Vendor Law - SB946 Limits Cities’ Abilities to Regulate

Legislation signed last week by Gov. Jerry Brown limits California cities’ abilities to regulate street vending. Notably, Senate Bill 946 prohibits all criminal penalties for sidewalk vending violations and allows anyone...more

Fox Rothschild LLP

Applicants Beware Of Timelines On Zoning Decisions

Fox Rothschild LLP on

In many cases, a Zoning Hearing Board will impose certain conditions on the grant of a variance or special exception. A condition of such approval could include a time limit as to when the applicant is required to obtain all...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Sheppard Mullin Richter & Hampton LLP

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

Tonkon Torp LLP

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

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

Holland & Knight LLP

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

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

Sheppard Mullin Richter & Hampton LLP

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

Carlton Fields

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

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

Buchalter

Planning to attend Bottlerock 2017?

Buchalter on

Bottlerock 2017 is fast approaching and Napa County will be flooded with thousands of people. Many of the people who attend this event will be from out of town and will be looking for a place to stay for the weekend....more

Best Best & Krieger LLP

Cities and Counties Can Regulate Billboards in Unincorporated Areas

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Long-Standing Questions Addressed by California Appellate Court - The Outdoor Advertising Act does not preempt cities and counties from regulating billboards in unincorporated areas, a California Appellate Court ruled....more

Beveridge & Diamond PC

Recent Changes to the Massachusetts Zoning Act and Smart Growth Zoning

Beveridge & Diamond PC on

Recently, the Massachusetts Legislature enacted and Gov. Baker signed into law several important changes to the Massachusetts Zoning Act, General Laws chapter 40A, and the Smart Growth Zoning and Housing Production Act,...more

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