News & Analysis as of

Zoning, Planning & Land Use Updates

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

Currents - Energy Industry Insights - February 2018 #3

Trump Budget Seeks 23 Percent Cut at EPA, Eliminating Dozens of Programs - "The fiscal 2019 proposal released marks the Trump administration's latest attempt to shrink the reach of an agency the president once promised to...more

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

Injection Well Operators Beware: Ninth Circuit Finds Underground Injection Wells Require NPDES Permit under the Federal Clean...

by Stoel Rives LLP on

On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s decision, finding that the County of Maui violated the Clean Water Act (“CWA”) when it discharged treated effluent into...more

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners...more

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Structural Steel Fabrication Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Lexicon, Inc. (“LI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 18-013. The...more

What to Watch: Five Key Features of the Infrastructure Package

by Bracewell LLP on

The President has announced more details regarding the new national infrastructure initiative that he referenced during his State of the Union address. The details suggest the Administration is taking a new approach to...more

Pilot Program/Water Resources Development Act: U.S. Corps of Engineers Federal Register Notice Requesting Beneficial Use of...

The United States Corps of Engineers (“Corps”) issued a February 9th Federal Register notice for Request of Proposals (“RFP”) for beneficial use of dredged material projects. See 83 Fed. Reg. 5763. The RFP is being issued...more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...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

COGCC Issues New Rules on Flowline Disclosure

by Snell & Wilmer on

With the booming population in Colorado, more and more people have found themselves moving closer to oil and gas operations. This has had some grave consequences in recent times, but the industry has been quick to respond to...more

Leaking Underground Storage Tank Program: Petroleum Marketers Association of America Notes Administration's 2019 Funding Proposal

A Petroleum Marketers Association of America (“PMAA”) February 13th publication noted the White House’s proposal for funding the federal leaking underground storage tank program. The Arkansas Oil Marketers Association is a...more

Environmental Enforcement Actions Could be Curtailed by New DOJ Policy

by Robinson & Cole LLP on

In a shift of federal policy with potentially sweeping implications for civil enforcement, the U.S. Department of Justice (DOJ) recently announced it will no longer rely on guidance documents as the basis for bringing...more

A Primer on the New Federal Qualified Opportunity Zone Provisions*

by Butler Snow LLP on

For many years, the Internal Revenue Code has provided various incentives aimed at encouraging economic development and investments in low-income and/or distressed communities by providing certain tax benefits to businesses...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

EPA Ends “Once In, Always In” Policy For Sources That Emit Hazardous Air Pollutants

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...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

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

A Possible Formula for Puerto Rico's Hurricane Recovery: Distributed Renewable Energy

by Sullivan & Worcester on

In October 2017, Hurricane Maria swept through the Commonwealth of Puerto Rico decimating the island, taking hundreds of lives and demolishing infrastructure on an enormous scale. In the hurricane’s immediate aftermath,...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Ozark Society, Inc. Intervention in Arkansas Pollution Control and Ecology...

The Ozark Society, Inc. and three individuals filed a January 26th Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc. (“C&H”) Request for Adjudicatory Hearing and Commission Review...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

Maine Land Use Planning Commission to Discuss Revisions to Its Adjacency Principle

by Pierce Atwood LLP on

Staff of the Maine Land Use Planning Commission (LUPC or Commission) will introduce for discussion at the February 14, 2018 Commission meeting proposed revisions to the Commission’s application of the adjacency principle,...more

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Land Use Matters: Alston & Bird LLP, January/February 2018

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

7,604 Results
|
View per page
Page: of 305
Cybersecurity

Follow Zoning, Planning & Land Use 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.