As first reported by our good friends at inversecondemnation.com, a lawsuit has been filed in California alleging that the response by state and county agencies to the COVID-19 situation violates the state and federal...more
5/11/2020
/ Business Closures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
Equal Protection ,
Fifth Amendment ,
Inverse Condemnation ,
Right to Travel ,
Shelter-In-Place ,
Sovereign Immunity ,
State Constitutions ,
Takings Clause
While section 9 of the Endangered Species Act (ESA) generally prohibits the “taking” of an endangered species, under section 10 of the ESA the U.S. Fish and Wildlife Service (Service) may issue a permit exempting an activity...more
In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be...more
Many projects require federal incidental take authority due to impacts on species listed under the federal Endangered Species Act (“ESA”). Depending upon the species, this federal take authority is obtained either from the...more
According to a handful of environmental groups, the answer is a definitive yes. And after the U.S. Fish & Wildlife Service (“FWS”) issued a 90-day finding concluding in the alternative, earlier this week three environmental...more
Sea Level Rise is a critical issue facing public agencies and property owners throughout the U.S. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment...more
Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more
3/4/2020
/ Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
Critical Infrastructure Sectors ,
Eminent Domain ,
Legislative Agendas ,
Property Owners ,
Proposed Legislation ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Takings ,
Rising Sea Levels
On February 5, 2020, the National Marine Fisheries Service (NMFS) issued its 12-month finding on the petition to list summer-run steelhead in Northern California (Oncorhynchus mykiss irideus) as endangered under the...more
On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more
1/8/2020
/ Appeals ,
Beach Access ,
Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
New Evidence ,
Private Property ,
Property Dedication ,
Property Owners ,
Public Use ,
Real Estate Market ,
Recreation ,
Regulatory Takings ,
Right of Access ,
State and Local Government ,
Waterfront Properties
The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more
12/4/2019
/ Appeals ,
Beach Access ,
Beachfront Properties ,
California Coastal Commission ,
Coastal Real Estate ,
Fees ,
Fifth Amendment ,
Just Compensation ,
Licenses ,
Permits ,
Private Property ,
Property Dedication ,
Property Owners ,
Public Use ,
Real Estate Development ,
Real Estate Market ,
Recreation ,
Right of Access ,
State and Local Government ,
Takings Clause ,
Waterfront Properties
On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project...more
In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more
10/17/2019
/ Appeals ,
Applications ,
Beachfront Properties ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Construction Project ,
Property Owners ,
Real Estate Development ,
Regulatory Takings ,
Rising Sea Levels ,
Setback Rules ,
Substantial Evidence Standard ,
Waterfront Properties
Yes, if the animal is designated as threatened or endangered under the federal Endangered Species Act (ESA). In a recent federal court decision out of Massachusetts, a United States District Court was called on to decide...more
For over three decades, most property owners have been relegated to state courts when pursuing a takings claim against a state or local agency. In a 5-4 decision issued this week, the U.S. Supreme Court reversed itself and...more
6/24/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more
4/18/2019
/ CEQA ,
Continuing Legal Education ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Site Assessment ,
Events ,
Land Use Restrictions ,
Public Projects ,
Real Estate Development ,
Rising Sea Levels ,
Sea Levels ,
Waters of the United States ,
Zoning Laws
On February 26, 2018, the U.S. Fish and Wildlife Service issued a proposed rule to delist the Borax Lake chub (Gila boraxobius), a small fish that currently resides primarily in a single Oregon lake. ...more
Through a Final Rule effective November 28, 2018, the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) will amend their National Environmental Policy Act...more
The recent California wildfires have been devastating. But it is during such times of devastation that we also get to see the good in people. ...more
The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more
10/15/2018
/ Administrative Procedure Act ,
Appeals ,
Building Permits ,
California Coastal Commission ,
Coastal Real Estate ,
Real Estate Development ,
Regulatory Takings ,
Ripeness ,
Separation of Powers ,
State Constitutions ,
Urban Planning & Development
On August 10, 2018, the representative from Indiana’s 4th Congressional District introduced a bill entitled: “To amend the Endangered Species Act of 1973 to remove freshwater mussels from the list of endangered and threatened...more
8/16/2018
/ Conservation ,
Critical Habitat ,
Delisting ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform
On May 16, 2018, the House Committee on Natural Resources passed six bills, including the Federally Integrated Species Health Act (H.R. 3916). ...more
5/23/2018
/ Agency Consolidation ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Habitat Conservation Plan ,
Jurisdiction ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform ,
Secretary of the Interior
On February 12, 2018, the Trump Administration released a budget proposal that would reduce spending on various components of the Endangered Species Act by almost half, including listing determinations and protection of...more
In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more
On February 6, 2018, the National Marine Fisheries Service (NMFS) announced an extension of the public comment period for the 5-year review of the endangered Western Distinct Population Segment (DPS) of the Steller sea Lion...more
The paradigm shift in the evaluation of the transportation impacts of road and development projects has arrived. The Governor’s Office of Planning and Research (OPR) announced the most comprehensive and far-reaching...more