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General Business Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Another Day, Another Challenge to Local Zoning of Medical Marijuana Dispensaries Goes Down in Smoke

by Miller Starr Regalia on

In the year of the 25th anniversary of Groundhog Day, starring Bill Murray, about a weatherman named Phil Connors who finds himself repeatedly living the same frustrating day, a California court rejected yet another lawsuit...more

California Approves Regulations for Driverless Autonomous Vehicles

by Jones Day on

On February 26, 2018, the California Office of Administrative Law ("OAL") approved the California Department of Motor Vehicles' ("Cal DMV") proposed regulations allowing the testing and deployment of fully autonomous vehicles...more

Navigating Rhode Island’s Zoning Regulations

Thinking about bringing your business to Rhode Island? Interested in expanding and developing in this state? If yes, you will have to navigate Rhode Island’s state and local land use regulations, which encompass zoning and...more

Coal Lease/National Environmental Policy Act: Federal Court Addresses Challenge to Bureau of Land Management Environmental...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a February 27th opinion addressed a challenge by the Northern Plaints Resource Council, Inc. (“NPRCI”) to an Environmental Assessment (“EA”)...more

Institute of Scrap Recycling Industries Economic Impact Study: Arkansas/National Statistics

The Institute of Scrap Recycling Industries (“ISRI”) published a report titled: Economic Impact Study – U.S.-Based Scrap Recycling Industry 2017 (“Report”) ...more

Infrastructure Series: Trump's Infrastructure Plan and the Future of Infrastructure Reform

by WilmerHale on

This is the inaugural issue of WilmerHale's 10-in-10 Infrastructure Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United...more

Tax Reform's New Incentives for Investments in Low-Income Communities: Part 3 - Key Benefits for Investing Taxpayers and a Review...

by Holland & Knight LLP on

• Part 1 and Part 2 of this series of Holland & Knight alerts described a new tax incentive contained in the Tax Cuts and Jobs Act for investments in low-income communities designated as "Opportunity Zones." • In Part 3,...more

Grandfathering and Continuing Nonconformities in North Carolina

by Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

Stormwater/Poultry Processing Plants: U.S. Poultry & Egg Association Announces Completion of Research Project

The U.S. Poultry & Egg Association (“Poultry & Egg Association”) announced what it described as a funded research project at the University of Georgia in which: . . . researchers questioned the role of poultry...more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

A Primer on Zoning Nonconformities in North Carolina

by Womble Bond Dickinson on

Zoning laws, like any other laws, can change from time to time. What happens if your structure, lot, or use is permitted under an existing law, but the law changes in a way that your structure, lot, or use is suddenly no...more

Opportunity Zones: Tax Reform’s New Economic Development Tool

by Balch & Bingham LLP on

The Tax Cuts and Jobs Act (Pub. L. 115-97, referred to herein as the “Act”) provides new incentives for investing in certain low-income communities called “Opportunity Zones.” This briefing provides an overview of the new...more

Recent Legislation Further Limits School District Options in Connection with the Sale of Excess Property

by Miller Canfield on

Legislation enacted in 2017 and amended last month significantly expands the range of prohibitions on a school district’s ability to influence the future use of real property that it sells or transfers. When disposing of real...more

Landfill Gas Collection System: Federal Appellate Court Addresses Competing Claims for Possession

The Seventh Circuit Court of Appeals addressed the priority of claims between the City of Peoria, Illinois, and Banco Panamericano, a secured creditor, regarding gas-to-energy conversion infrastructure left behind from a...more

Fifth Appellate District Upholds City of Visalia’s General Plan Update Against Challenge to Square Footage Restrictions in...

by Downey Brand LLP on

On January 30, 2018, the Fifth Appellate District certified for publication its earlier opinion in Visalia Retail, LP v. City of Visalia, upholding the City of Visalia’s (“City”) 2014 General Plan Update. Plaintiff and...more

Su-PERFLUO-us? More Chemicals Added to Prop 65 List

by Lewitt Hackman on

Business owners manufacturing, buying, selling, or importing products in California already know about the state’s Prop 65 law. But do they also know every single chemical or substance that is on that list?...more

EPA Withdraws “Once In Always In” Policy For Major HAP Sources

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the...more

EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits

by Foley & Lardner LLP on

In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more

Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

by Best Best & Krieger LLP on

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published...more

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

Implication of Daishowa to Purchasers

by Bennett Jones LLP on

Since the decision of the Supreme Court of Canada in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29 [Daishowa], clarity exists for how a vendor treats abandonment obligations on the sale of resource...more

Premises Pollution Liability Policy: Missouri Appellate Court Addresses Insurance Coverage Issue

The Missouri Court of Appeals (Eastern District) addressed in a December 19th opinion a coverage issue involving a Premises Pollution Liability Policy (“ PPL policy”). See Hazelwood Logistics Center, LLC v. Illinois Union...more

2018 Environmental, Health, and Safety Outlook for Manufacturers

Reduced Regulation - We all know that one of President Trump’s goals is to streamline and minimize regulations. Among other things, Executive Order 13771 indicated that, for every regulation to be passed, two had to be...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

Tax Reform's New Incentives for Investments in Low-Income Communities: Part 1 - State Governors Given Responsibility for...

by Holland & Knight LLP on

• A new tax incentive in the recently enacted Tax Cuts and Jobs Act would allow investors selling appreciated securities or other investment property to defer tax on those gains to the extent that the proceeds are reinvested...more

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