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Zoning, Planning & Land Use Updates

Read Zoning, Planning & Land Use updates, news, and legal analysis from leading lawyers and law firms:

Wastewater Enforcement: Arkansas Department of Environmental Quality and City of Mitchellville, Arkansas Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Mitchellville, Arkansas (“City”) entered into a December 5th Consent Administrative Order (“CAO”) alleging violations of the Clean Water Act National...more

Industrial Landowners May Be Liable for Tenants’ Stormwater Discharges

by Perkins Coie on

In California Sportfishing Protection Alliance v. Shiloh Group, LLC, Case No. 16-CV-06499-DMR, 2017 WL 3136443 (N.D. Cal. Jul. 24, 2017), the United States District Court for the Northern District of California held that the...more

Beautiful Buffalo River Action Committee: January 23rd Meeting

The Beautiful Buffalo River Action Committee has scheduled its 2018 first quarter meeting for January 23rd. Items on the agenda include... ...more

NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?

by Ward and Smith, P.A. on

When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more

When Does a Contractor Legally Abandon a Construction Project?

by Snell & Wilmer on

Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...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

Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

by Farrell Fritz, P.C. on

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located...more

Church Alleges Religious Discrimination Over Baltimore County’s Conditions on Approval of Development Plan

Maryland and the Board of Appeals of Baltimore County (together, “Baltimore County”), challenging Baltimore County’s conditional approval of the Church’s development plan, which sought to expand an existing house of worship. ...more

Trump and the Oil Patch One Year In

by Gray Reed & McGraw on

Let’s take a look at what President Trump has done for the oil industry in his first year (This is not about decorum, dossiers, tweets, or Oprah’s inauguration.) As in the past I refer to sources whose opinions and insights...more

No blues for the Blues on rights to light

by Hogan Lovells on

There was much fanfare when Chelsea Football Club secured planning permission for redevelopment of Stamford Bridge last year. However, one family’s fight against the new stadium’s impact on its right to light had the...more

2018 California Public Agency Laws – Part II - Housing and Land Use, Environment, Public Property/Public Works and Economic...

by Best Best & Krieger LLP on

The California Legislature was busy in 2017, which means plenty of laws passed in Sacramento that will impact public agencies. In this three-part series, Best Best & Krieger LLP gives a comprehensive summary of the new laws...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...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

EPA Adjusts For Inflation The Maximum Civil Penalties For Violations Of Environmental Statutes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: EPA has promulgated its new per violation penalty rules for 2018. The U.S. Environmental Protection Agency (EPA) has again issued final regulations adjusting the maximum civil penalty dollar amounts for...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

Second District Holds Melrose Triangle Project EIR’s Alternatives Analysis and Responses to Comments Comply with CEQA, Upholds...

by Miller Starr Regalia on

In an opinion filed on November 30, and belatedly ordered published on December 22, 2017, the Second District Court of Appeal, Division 1, affirmed the trial court’s judgment denying all CEQA challenges asserted by...more

Bucks County Planning Commission

by Fox Rothschild LLP on

The Bucks County Planning Commission has increased its filing fees for 2018. The base fees for residential subdivisions, land developments and conversions remain the same, but the additional lot multiplier fees have been...more

DOI Reverses Course and Declares Migratory Bird Treaty Act Does Not Prohibit Incidental Take

by Jackson Walker on

In a legal memorandum (the “Jorjani Memo”) issued on December 22, 2017, the U.S. Department of the Interior (“DOI”) concluded that the MBTA’s prohibition of taking migratory birds only applies to intentional take and does not...more

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

by Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

C&H Hog Farms, Inc. Sow-Farrowing Facility (Newton County, Arkansas): Arkansas Department of Environmental Quality Denial of...

The Arkansas Department of Environmental Quality (“ADEQ”) public noticed the denial of an application for an Arkansas Pollution Control and Ecology Commission Regulation 5 permit by C&H Hog Farms, Inc. (“C&H”). Regulation...more

A New Maryland Ruling on Development Rights and Responsibility Agreements- Score Another Round for the Developer

by Miles & Stockbridge P.C. on

The Maryland Court of Appeals recently heard and decided a case involving Development Rights and Responsibility Agreements. In my first blog post on this topic, “Development Rights and Responsibility Agreements: The Give and...more

Tax Reform Actualized and the Impact on Affordable Housing and Community Development

by Ballard Spahr LLP on

As we know, the President has signed what was originally titled Tax Cuts and Jobs Act, the most significant overhaul to the U.S. Tax Code since 1986. The President signed the Act into law after the first of the year in order...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

EPA Deletes Several Superfund Sites from the NPL and Targets More in 2018 and Beyond

by Miles & Stockbridge P.C. on

U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt says that expediting cleanups at Superfund sites is one of his top priorities. Since 1980, EPA has had the authority to clean up contaminated sites and...more

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