News & Analysis as of

Civil Procedure Zoning, Planning & Land Use

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Ninth Circuit Ruling Expands Clean Water Act Jurisdiction Over Groundwater Discharges

A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

by Goulston & Storrs PC on

Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements

by Bennett Jones LLP on

The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more

Ninth Circuit Holds Wastewater Discharge to Groundwater Requires Clean Water Act Permit in Hawai’i Wildlife Fund v. County of Maui

On Feb. 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a highly anticipated decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018). At issue was whether the County of Maui...more

Illinois Appellate Court Expands PSEBA Exposure for Illinois Local Governments

by Holland & Knight LLP on

• On Tuesday, Feb. 6, 2018, the Illinois First District Appellate Court, in a 2-1 decision, greatly expanded the "unlawful act" trigger for eligibility for lifetime healthcare benefits under the Public Safety Employee...more

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

by Holland & Knight LLP on

• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Corps and EPA Push Out Effective Date of Disputed Clean Water Rule

The U.S. Army Corps of Engineers and the Environmental Protection Agency published a rule postponing the effective date of the Clean Water Rule for two years, until February 6, 2020....more

C&H Hog Farms, Inc. Permit Denial/Regulation 5 Issues: Arkansas Governor Hutchinson Meets with State Agricultural Leaders

The Arkansas Agricultural Department (“AAD”) issued a February 1st news release noting that Governor Hutchinson and Arkansas Agriculture Secretary Wes Ward met with State Agricultural Leaders to discuss the Regulation 5...more

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

by Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Waters of the United States/Clean Water Act: U.S. Environmental Protection Agency/Corps of Engineers Finalizes Two-Year Delay of...

The United States Environmental Protection Agency and United States Corps of Engineers (collectively “EPA”) finalized a rule that would add an applicability date to the Obama Administration era revised definition of the Clean...more

City of Oakland’s Building Code Appeal Process Violates State Law and Infringes Private Property Rights the State of California...

by Miller Starr Regalia on

The law has many terms for the word “fairness,” including due process, good faith, neutral and unbiased. And among the basic principles of fairness, the Latin maxim “nemo debet esse judex in propria causa” stands out. It...more

Court of Appeal Rules Challenge to Constitutionality of Power Plant Licensing Appeals Process is Ripe for Judicial Review

by Stoel Rives LLP on

California’s process to challenge thermal power plants will likely be put to the judicial test in the coming years. The California Court of Appeal has granted publication of its recent opinion in Communities for a Better...more

CAFO Stinks, but Not a Substantial Burden

Do 1,400 cattle and 17.4 million gallons of cow waste in open-air lagoons, upwind and a half a mile from a religious youth summer camp, impose a substantial burden? As unpleasant as a concentrated animal feed operation...more

Supreme Court grants a shy frog the chance to shape critical habitat designations

by Hogan Lovells on

The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the discretionary exercise of statutory...more

Supreme Court WOTUS Decision Vacates Sixth Circuit Decision - District Court Stays and EPA Delay of Rule Implementation Remain in...

by Best Best & Krieger LLP on

The Supreme Court issued a decision last week regarding which federal courts have jurisdiction to hear challenges to the 2015 Waters of the U.S. Rule....more

SCOTUS Declines Fla. Keys Property Rights Appeal

by Fox Rothschild LLP on

The U.S. Supreme Court has decided not to hear the appeal of the owner of a Florida Keys island who alleged that increasingly restrictive development regulations have harmed his property rights. The property owner argued that...more

The Dusky Gopher Frog is Heading to the United States Supreme Court

by Liskow & Lewis on

In July 2017, Weyerhaeuser Company, a Louisiana landowner and timber lessee, filed a Petition for a writ of certiorari asking the United States Supreme Court to overturn the U.S. Fish and Wildlife Service’s (“FWS”)...more

SCOTUS: WOTUS Rule Suits Belong in District Courts

by WilmerHale on

On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for “waters of the United States”), must be filed in federal district...more

Ninth Circuit Rules Migratory Bird Treaty Act Permits Take of Barred Owl to Study Impacts on Conservation of Threatened Northern...

by Nossaman LLP on

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit affirmed that the U.S. Fish and Wildlife Service’s (Service) permit allowing take of the barred owl (Strix varia) to protect the threatened Northern...more

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

by Husch Blackwell LLP on

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

by Dorsey & Whitney LLP on

The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

SCOTUS accepts dusky gopher frog case

by Nossaman LLP on

On January 22, 2018, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71. Petitioners challenge a 2-1 panel decision issued by the...more

Second Department Upholds Loss of Religious Use Real Property Tax Exemption

by Farrell Fritz, P.C. on

On January 18, 2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property tax exemption on the grounds that the property owner’s use of the main structure as a...more

Clean Sweep for City of San Diego in Challenge to Approval of Private School

by Downey Brand LLP on

On December 20, 2017, the Fourth District Court of Appeal delivered a solid win for the City of San Diego in a multi-faceted challenge to its approval of a private school pursuant to a Mitigated Negative Declaration (“MND”)....more

1,475 Results
|
View per page
Page: of 59
Cybersecurity

Follow Civil Procedure Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.