The U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits in U.S. Army Corps of Eng’rs v. Northern Plains...more
Land Use and Development Case Summaries (short form) -
1. PLANNING AND ZONING -
CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY,
26 Cal. App. 5th 689 (2018) -
Based on the language and...more
1/29/2019
/ Anti-SLAPP ,
Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
California Coastal Commission ,
CEQA ,
Clean Water Act ,
Coastal Real Estate ,
Density Bonus ,
Discharge of Pollutants ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Exemptions ,
Fully Protected Species ,
General Plan ,
Homeowners ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Land-Use Permits ,
Legislative Agendas ,
Migratory Bird Treaty Act (MBTA) ,
Mitigated Negative Declaration ,
New Legislation ,
Property Owners ,
Real Estate Development ,
Referendums ,
Regulatory Takings ,
School Districts ,
State and Local Government ,
Subdivision Map Act ,
Sustainability ,
Traffic Impact Assessments ,
Urban Planning & Development ,
Waters of the United States ,
Wetlands ,
Zoning Laws
The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more
2/1/2018
/ Clean Water Act ,
Construction Project ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Review ,
Exclusive Jurisdiction ,
Funding Requirements ,
Infrastructure ,
Judicial Review ,
Land-Use Permits ,
NEPA ,
Section 401 ,
Statute of Limitations
President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more
8/28/2017
/ Clean Water Act ,
Deregulation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Executive Orders ,
Federal Land ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Flood Zones ,
Infrastructure ,
NEPA ,
Permits ,
Revocation ,
Trump Administration
In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more
3/3/2017
/ Clean Water Act ,
Clean Water Rule ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Navigable Waters ,
Regulatory Oversight ,
Trump Administration ,
US Army Corps of Engineers ,
Water Pollution ,
Waters of the United States ,
Wetlands
The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more
In an attempt to “temporarily silence[] the whirlwind of confusion that springs from uncertainty,” the U.S. Court of Appeals for the Sixth Circuit has blocked the new rule defining “waters of the United States” under the...more
On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more
A Court of Appeal has upheld the Regional Board’s adoption of the total maximum daily load (TMDL) for concentration of pollutants in the sediment in McGrath Lake, rejecting the claim that TMDLs may not be stated in terms of...more