News & Analysis as of September 21, 2024

Supreme Court of the United States › Land-Use Permits

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

Holland & Knight LLP on 5/31/2024

The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

Polsinelli on 5/15/2024

In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny

Perkins Coie on 4/19/2024

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

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

Holland & Knight LLP on 4/17/2024

The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

Ballard Spahr LLP on 4/17/2024

The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Supreme Court Decides Sheetz v. El Dorado County

Faegre Drinker Biddle & Reath LLP on 4/15/2024

On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...more

SCOTUS Agrees to Hear Case Concerning the Scope of Constitutional Challenges to Land Use Permit Conditions

Saiber LLC on 10/10/2023

The Supreme Court of the United States has agreed to hear Sheetz v. County of El Dorado, California, a case that concerns whether land use permit conditions in the form of monetary exactions created by legislation are...more

Supreme Court Case Will Clarify Constitutionality of Permit Exaction Fees

Ballard Spahr LLP on 10/4/2023

Summary - The Supreme Court of the United States announced that it will hear a Takings Clause case under the Fifth Amendment that will clarify whether permit exaction fees authorized by legislation are exempt from the...more

SCOTUS Asked to Clarify the Scope of Constitutional Challenges to Land Use Permit Conditions

Saiber LLC on 6/29/2023

In Sheetz v. County of El Dorado, California, when George Sheetz sought a building permit to construct a single-family residence, the County of El Dorado agreed to issue the permit with one important condition: he had to pay...more

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on 1/6/2021

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

Who Gets To Decide What is a Major Source That Requires a Permit? That’s a Fine Question

Foley Hoag LLP - Environmental Law on 12/4/2020

Over the past decade, there has been an unprecedented shift in investor focus toward the analysis use of Environmental, Social and Corporate Governance (ESG) risks and impacts in investment decision-making. While the...more

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

Hicks Johnson on 7/16/2020

On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more

President Trump Curbs Controversial WOTUS Rule

Foley & Lardner LLP on 3/2/2017

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

Nossaman LLP on 2/23/2017

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

Poyner Spruill LLP on 10/18/2016

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore...more

Environmental Notes - July 2016

Williams Mullen on 7/20/2016

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

U.S. Supreme Court Agrees to Decide Important Case Affecting Development in Wetlands

Farella Braun + Martel LLP on 12/18/2015

A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers...more

U.S. Supreme Court Affirms That Content-Based Sign Codes Violate The First Amendment

Best Best & Krieger LLP on 9/10/2015

Now, more than ever, local municipalities should review their municipal sign laws to ensure that signs are not being regulated based on their message. This is in the wake of the U.S. Supreme Court’s recent ruling that an...more

U.S. Supreme Court Victory for T-Mobile

Lowndes on 1/14/2015

On January 14, 2015, the U.S. Supreme Court issued an opinion in T-Mobile South, LLC v. City of Roswell, Georgia, Case No. 13-975, reversing a decision of the Eleventh Circuit Court of Appeals. At issue: whether an...more

Did Koontz Stop Illegal Development Exactions?

Nossaman LLP on 8/15/2014

Much was written by law school professors and property rights groups following the U.S. Supreme Court's 5-4 decision in Koontz v. St. John's River Water Management District (2013), which found that land-use permit...more

The United States Supreme Court Extends Unconstitutional Exactions for Land-Use Permit Applicants

Clark Hill PLC on 6/28/2013

Many real estate industry professionals are familiar with the government's substantial power and discretion in land-use permitting. Land-use applicants on the verge of lucrative development opportunities find themselves in a...more

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Supreme Court of the United States › Land-Use Permits

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