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Constitutional Law Zoning, Planning & Land Use Elections & Politics

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

New Bill Aims to Streamline LA Olympics Transit Projects & Clippers Arena

by Nossaman LLP on

According to an article in the Los Angeles Times, California lawmakers pitch a break from a key environmental law to help L.A. Olympic Bid, Clippers Arena, California lawmakers introduced Senate Bill 789 last week in an...more

President Trump Curbs Controversial WOTUS Rule

by Foley & Lardner LLP on

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

RLUIPA Implications of Trump’s Immigration Executive Order

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s issuance of a temporary restraining order prohibiting the enforcement of Executive Order 13769 – “Protecting The Nation From...more

Religious Institutions Update: February 2017

by Holland & Knight LLP on

Timely Topics - A draft executive order of President Donald Trump relating to religious freedom proposes several material changes to federal law. First, it would require the executive branches to recognize a broad scope...more

Trump’s Border Wall: Will Eminent Domain Be National News Again?

by Nossaman LLP on

There has been a lot of news lately concerning President Trump’s desire to build a border wall. Many of the articles focus on the efficacy, costs and practical challenges of building the wall. But the discussions are also...more

Oh, What Schemes of Glory This Business of Gambling Gives Birth To

by PretiFlaherty on

Article 48, an amendment to the Massachusetts constitution adopted in 1918, states that “the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional...more

Enacting and Enforcing Local Ordinances to Prohibit Medical Marijuana Dispensaries – Up in Smoke?

by Miller Starr Regalia on

California’s cities and counties have a long and growing track record successfully defending challenges to their land use authority filed on behalf of medical marijuana dispensaries. These successes are largely a product of...more

If You Build It, They Will Get Just Compensation

by Robins Kaplan LLP on

One thousand nine hundred fifty-four (1,954) miles: the length of the United States’ border with Mexico, and the possible future site for President Donald Trump’s infamous Great Wall. The Wall has been a calling card of the...more

Beyond the Bathroom: North Carolina’s H.B. 2 Also Flushes Local Employee Protections

by K&L Gates LLP on

The recent enactment of North Carolina’s H.B. 2, known as the “Public Facilities Privacy & Security Act” (the “Act”) has received widespread attention for its controversial restrictions on the use of certain...more

SC Public Policy Update - March 2016 #3

by Nexsen Pruet, PLLC on

What's New - SENATE - The Senate spent the week on the floor working on a compromise to S .997, a bill by Senator Lee Bright (R-Spartanburg) that would track refugees that are located in South Carolina. Senators...more

In Suing Commonwealth of PA, Clean Air Council Takes A Stand For Up-To-Date Building Codes

by Cozen O'Connor on

There is a war on building codes across the United States, and Pennsylvania is ground zero. After years of regular building code updates, a law was passed in 2011 (Act 1) at the urging of the Pennsylvania Builders...more

Governor Brown Nominates Two for Fish and Game Commission

by Nossaman LLP on

Governor Brown has announced the nomination of Eric Sklar and Anthony Williams to serve on the California Fish and Game Commission (Commission). The five-member Commission is established under article IV, section 20 of the...more

Redevelopment By Any Other Name Would Still Be Redevelopment…

by Nossaman LLP on

It appears the state assembly is trying to get California back on the redevelopment wagon…again. (For a brief history lesson on redevelopment, see below.) Assembly Bill 2 (AB2), which passed the assembly earlier this month,...more

The Ultimate Deus Ex Machina – Swingers Club Becomes a Church!

by Robinson & Cole LLP on

Every so often RLUIPA Defense feels the need to expand its reporting horizons. We usually stick to run-of-the-mill, pending or threatened litigation related to religious-land uses and RLUIPA. Sometimes we stray a bit and...more

Post-Super Bowl Legislative Update February 2015

by Womble Bond Dickinson on

Welcome to your Post-Super Bowl Legislative Update -- Your Womble Carlyle Government Affairs Team Member, Angel, is just happy that the Carolina Panthers are back in the running! Now that the Super Bowl is over,...more

2015 Texas Legislative Session Includes Twin Bills Concerning Municipal Fracking Bans

by BakerHostetler on

With the opening of the 84th Session of the Texas Legislature on January 13, 2015, two of the more closely watched bills in the energy arena will be House Bill 539 (HB539) and House Bill 540 (HB540). HB539, filed on December...more

Keystone Pipeline May Be First Clash between President and New Congress

by Nossaman LLP on

So the new Congress has been sworn in back in Washington, and the nation gears up for the first big clash between the Republican-controlled Congress and President Obama.  What will the first major battle be:  health care;...more

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

by Nossaman LLP on

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other...more

Real Estate and Land Use - August 2014

Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. - Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative...more

Industry Group Sues Compton for Moratorium on Hydraulic Fracturing

by Stoel Rives LLP on

The City of Compton is being sued for its ordinance banning hydraulic fracturing, effective on April 22, 2014. (Western States Petroleum Association v. City of Compton, et al., Case No.BC552272.) Although Compton is not...more

Redeveloping Redevelopment: Recent Legislation

by Miller Starr Regalia on

THE RISE AND (UNINTENDED) FALL OF REDEVELOPMENT IN CALIFORNIA. The rise and fall of redevelopment agencies in California has been extensively written about, including in this publication. The history of redevelopment...more

Supreme Court To Hear Sign-Ordinance Case

by Best Best & Krieger LLP on

On July 1, 2014, the Supreme Court granted cert in Reed v. Town of Gilbert, a case in which the Ninth Circuit upheld the Town of Gilbert’s sign ordinance against a First-Amendment challenge. The case could directly impact...more

Colorado Supreme Court Clears Ballot Initiative Aimed at Bolstering Local Control of Oil and Gas Drilling

by Snell & Wilmer on

On June 30, the Colorado Supreme Court issued its opinion In the Matter of the Title, Ballot Title, and Submission Clause for 2013–2014 #89[1] (Initiative 89). In affirming the finding of the state’s Ballot Title Setting...more

Colorado Group Submits Another Anti-Fracking Statewide Ballot Petition For Consideration

by BakerHostetler on

Colorado voters may have yet another anti-fracking statewide ballot initiative to consider this November. The proposed constitutional amendment that was submitted to the Colorado Legislative Council on February 21 would...more

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