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Civil Remedies Administrative Agency Zoning, Planning & Land Use

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CEQA Standing Reform: Could Statutory Standing Requirements Feasibly Be Tightened To Bar Anti-Competitive Lawsuits Motivated By...

by Miller Starr Regalia on

Meaningful CEQA reform is a topic much discussed by politicians and stakeholders, but its realization remains elusive. For example, in-fill exemptions are fettered with multitudes of complex and convoluted conditions and...more

I Saw the Sign, and It . . . Was Taken Down?

by Nossaman LLP on

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

CEQA Remedies Clarified

Preserve Wild Santee v. City of Santee Finds That CEQA Allows Courts to Issue Limited Fix-It Tickets for CEQA Deficiencies in EIRs Rather Than Decertifying the Entire EIR and Invalidating All Related Project Approvals. ...more

Public Entity Litigants Are Entitled to Attorney Fee Award Under Private Attorney General Doctrine Even Where Non Financial...

by Hinshaw & Culbertson LLP on

In City of Maywood v. Los Angeles Unified School District, 2012 DJDAR 9925 (2012), the California Court of Appeal for the Second Appellate District decided a novel attorney fee case. The case arose out of a petition for a...more

Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption

The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the...more

Update on Pa. Municipality Act 13 Lawsuit

As reported in the March edition of The Shale Play Today, seven Pennsylvania municipalities filed suit in the Commonwealth Court on March 29, 2012, challenging the provision of Act 13 providing that state law preempts the...more

Appellate Court Upholds Use of Future CEQA Baseline in Neighbors for Smart Rail and Rejects Sunnyvale Holding

by Allen Matkins on

On April 17, 2012, the Court of Appeal for the Second Appellate District issued its opinion in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority holding that in certain circumstances – projected future...more

Real Estate Legal News - April 4, 2012 • Spring Edition

by Dickinson Wright on

IN THIS ISSUE: - Michigan Legislature Reacts Quickly To Dramatic Nonrecourse Liability Decisions Michigan became the focus of national attention in the world of commercial real estate finance in December, when the...more

First District Holds CEQA Does Not Apply To Napa County Ordinance Clarifying Its Ministerial Lot Line Adjustment Practice, And...

by Miller Starr Regalia on

In a case addressing important issues affecting local agencies and landowners (disclaimer: I represented the County of Napa in the trial court and on appeal), the First District (Division 4) Court of Appeal on April 20, 2012...more

Wondering About the Status of EPA's CCR Rule? So Are 11 Environmental Groups

I have had a number of clients ask me recently about the status of EPA’s efforts to regulate coal combustion residuals under RCRA. It turns out that some environmental groups have been asking themselves the same question....more

Supreme Court Declines to Review or Depublish “CEQA In Reverse” Decision

by Miller Starr Regalia on

On March 21, 2012, the California Supreme Court denied a petition for review of the Second District’s published opinion in Ballona Wetlands Land Trust, et al. v. City of Los Angeles (2011) 201 Cal.App.4th 455 (“Ballona...more

Sackett v. EPA: Property Owners May Challenge EPA Orders

by Mintz Levin on

The United States Supreme Court has unanimously ruled that Environmental Protection Agency (EPA) administrative orders under the Clean Water Act are subject to pre-enforcement judicial review. However, the Supreme Court’s...more

Supreme Court Affirms the Right to Judicial Review of EPA Compliance Orders

by Jackson Walker on

On March 21, 2012, the Supreme Court of the United States issued its decision in Sackett v. Environmental Protection Agency, a major victory for persons subjected to administrative "compliance orders" of the EPA, which the...more

Supreme Court Expands Right to Challenge Federal Assertions of Clean Water Act Regulatory Jurisdiction

by White & Case LLP on

On March 21, 2012, the U.S. Supreme Court ruled that landowners may bring a civil action under the AdministrativeProcedure Act to challenge administrative compliance orders issued under the Clean Water Act. Sackett v. EPA, __...more

US Supreme Court Rules Property Owners May Sue the EPA Over a Wetlands Restoration Order

In a unanimous decision, the U.S. Supreme Court has ruled that two Idaho property owners may bring a legal challenge to the U.S. Environmental Protection Agency’s (“EPA”) issuance of an administrative order that required the...more

Supreme Court Rules that U.S. EPA Unilateral Compliance Orders Under the Clean Water Act Are Final Actions Judicially Reviewable

by K&L Gates LLP on

In Sackett et vir v. Environmental Protection Agency, the United States Supreme Court held unanimously that a compliance order issued under §309(a)(3) of the Clean Water Act2 is “final action” that is subject to judicial...more

U.S. Supreme Court Opens Courthouse Doors for Early Challenges to Environmental Agency Orders

by Morrison & Foerster LLP on

The Supreme Court today handed down its decision in the widely discussed case of Sackett v. Environmental Protection Agency, addressing the question of whether a regulated party can obtain pre-enforcement review of EPA...more

Supreme Court Opens District Courts to Challenges of Clean Water Act Compliance Orders

by Bilzin Sumberg on

The United States Supreme Court issued a decision yesterday in the case Sackett v. Environmental Protection Agency. The Sackett case is an important development for property owners because the Court held that a compliance...more

Landowners Can Now Challenge Corps Without Fear Of Penalties

The Environmental Protection Agency and U.S. Army Corps of Engineers have lost one of their most significant levers in regulating wetlands under the Clean Water Act. Today, in Sackett v. Environmental Protection Agency, et...more

EPA Loses -- Unanimously -- In Sackett: How Broadly Does It Sweep?

For once, speculation about oral argument proved solid. The Supreme Court’s unanimous ruling today in Sackett v. EPA means that EPA must allow judicial review of enforcement orders issued pursuant to its authority under the...more

Town Board was wrong to impose Special Permit conditions where the use was permitted and a Special Permit not required

Conditions on site plan approval must relate only to use of the property and not to the persons who own it.

by Reuben Ortenberg on

Petitioners owned land on which they operated a motor vehicle sales and service business. They bought an adjacent parcel of vacant land for the purpose of expanding their business. Both properties were zoned "Commercial C:...more

More About that Chicago Vacant Buildings Ordinance

by Dechert LLP on

In August I wrote about an amendment to a Chicago vacant buildings ordinance that I thought (and I was one of many) was crazy, despite being sympathetic to the plight resulting from the city’s blight. The City of Chicago...more

9th Circuit Upholds Biological Opinions for Proposed Mine: Rock Creek Alliance v. U.S. Fish and Wildlife Service, No. 10-35596...

This month the 9th Circuit upheld the Fish and Wildlife Service's biological opinions finding that a proposed silver and copper mine in northwestern Montana would not result in "adverse modification" to critical habitat of...more

Successful CEQA Petitioners May Recover Attorneys’ Fees For Administrative Proceedings And Are Not Disqualified By Nonpecuniary...

by Miller Starr Regalia on

Potential recovery – or payment – of plaintiffs’ attorneys fees is always a factor to be considered in prosecuting and defending CEQA suits. The stakes in this calculus just got a little higher with a recent decision making...more

Florida Supreme Court Decision in Koontz is Bad News for Florida Land Developers and Real Estate Investment - Will It Go Up to the...

by Rosa Eckstein Schechter on

The Florida Supreme Court made national news as well as in Florida land development and real estate investment circles this week as it released its opinion in Koontz IV (read the full text here), ruling that it is not a...more

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