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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:

Governor Baker Submits List of 138 Opportunity Zones to U.S. Treasury

by Bowditch & Dewey on

On April 19, 2018, the Commonwealth’s Executive Office of Housing and Economic Development announced that Governor Baker submitted a list of Opportunity Zone designations to the U.S. Treasury. The full list of Massachusetts...more

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Landfill/Clean Water Act: Conservation Law Foundation Citizen Suit Action Against Bethlehem, New Hampshire Facility

Toxics Action Center, Inc., and Conservation Law Foundation (collectively “CLF”) filed a citizen suit action in the United States District Court for the District of New Hampshire against Casella Waste Systems, Inc., and North...more

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Vicksburg District) Public Notices Saline County, Arkansas Project

The United States Army Corps of Engineers (Vicksburg District)(“Corps”) issued a May 17th public notice regarding a Section 404 Clean Water Act application for a Saline County, Arkansas project. The Benton, Arkansas Street...more

Napa River and Sonoma Creek Vineyard General Permit

In July 2017, the San Francisco Bay Regional Water Quality Control Board adopted waste discharge requirements (a “General Permit”) to regulate vineyards parcels of 5 acres or more in the Napa River and Sonoma Creek watersheds...more

[Webinar] Groundwater Adjudications and Alternatives to Comprehensive Adjudication - June 7th, 1:00pm PT

by Nossaman LLP on

Join Nossaman attorneys on June 7th for a discussion of groundwater adjudications and litigation alternatives in the era of the Sustainable Groundwater Management Act (“SGMA”). This webinar, for CLE credit*, will explain...more

Arkansas Advisory Committee on Petroleum Storage Tanks – May Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

DEP Proposes Limits On Industrial Solvent Cleaning Activities

by Pierce Atwood LLP on

Despite Maine’s attainment of the ozone standards, Volatile Organic Compound (VOC) control requirements keep coming. The Maine Department of Environmental Protection (DEP) has proposed a new regulation, Chapter 166, that...more

Alleged Environmental Violation/False Claims Act: U.S. District Court Considers Application of Implied False Certification Theory

A United States District Court (Eastern District-Pennsylvania) (“Court”) addressed a qui tam action filed by Gary Cressman (“Cressman”) under the federal False Claims Act (“FCA”) in connection with an alleged environmental...more

Medical Marijuana Dispensaries Enjoined Pursuant To City’s Municipal Code And “Permissive Zoning” Code

by Low, Ball & Lynch on

Urgent Care Medical Services, et al. v. City of Pasadena, and related actions - Second Appellate District, Division Four The City of Pasadena Municipal Code expressly prohibits medical marijuana dispensaries. Pasadena’s...more

Arkansas Pollution Control and Ecology Commission Regulation No. 8 (Administrative Procedures): Revised Draft Revisions

The Arkansas Department of Environmental Quality (“ADEQ”) recently posted revised draft revisions to Arkansas Pollution Control and Ecology Commission No. 8 (Administrative Procedures)(“Reg. 8”). These revisions are a...more

West Coast Real Estate Update - May 2018

by Holland & Knight LLP on

New Rules on the Horizon to Reduce Emissions and Improve Air Quality - Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more

Enforcement of Superfund Orders and Agreements: U.S. Environmental Protection Agency Office of Inspector General Project...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) announced in a May 10th memorandum a Project Notification titled: EPA Enforcement of Superfund Orders and Agreements...more

Let it Shine: California Mandates Rooftop Solar for New Residential Construction

California. Birthplace of the Frisbee, skateboard, television, canned tuna and (yup) fortune cookies has added another first to the list: California has become the first state in the nation to mandate the use of solar panels...more

Texas Cactus Officially Downlisted to Threatened

by Nossaman LLP on

Today, the U.S. Fish and Wildlife Service (Service) finalized its reclassification of the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), a small cactus found in Texas, downlisting the species from...more

What's So Great About Being Great?

by Tonkon Torp LLP on

Of the 125 largest cities in the USA, U.S. News and World Report recently ranked Portland as the #6 best place to live. This is a big jump from Portland's #32 ranking in 2017. The evaluators at US News describe Portland as...more

Construction/Debris Landfills: Illinois Attorney General Files Action Alleging Acceptance of Prohibited Waste

Illinois Attorney General Lisa Madigan announced in a news release that her office filed two lawsuits against the owner of two LaSalle County, Illinois, clean construction or debris demolition (“CCDD”) facilities. The...more

Numerous Parties File Amicus Briefs In Dusky Gopher Frog Case

by Nossaman LLP on

As we reported here, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, No. 17-71, on January 22, 2018. ...more

Eleventh Circuit Affirms Dismissal of City’s Approval of Chabad Religious Center as Moot

The United States Court of Appeals for the Eleventh Circuit recently affirmed the lower court’s decision dismissing an Establishment Clause challenge over the approval of a religious center. ...more

Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

by Farrell Fritz, P.C. on

It is not uncommon for municipal planning departments to require applicants that are seeking land use approvals involving multiple contiguous parcels to consolidate or merge the properties to form one single larger parcel. ...more

Ride Sharing and Cities Team Up on Transit, Last Mile Issues

by Foley & Lardner LLP on

A little over a month ago, in our article “Fueled by Auto Industry Support, Bike Sharing Systems are Taking Over Cities” we noted how cities and urban planners continue to struggle with the “last mile issue” facing their...more

Arkansas Natural Resources Commission: Strategic Plan FY 2018 –FY 2019

The Arkansas Natural Resources Commission (“ANRC”) has published a document titled: Strategic Plan FY 2018 – FY 2019 (“Plan”) ANRC states that the Plan “is a blueprint for ANRC as we continue to work to manage and...more

Currents - Energy Industry Insights - May 2018 #2

Oil Soars After Trump Nixes Iran Nuclear Deal, Stocks Rally - "Crude oil prices rose more than 3 percent on Wednesday after U.S. President Donald Trump's decision to withdraw from a nuclear accord with Iran, a move that...more

Recent Case Law on Article 97 Limits State and Municipal Authority to Develop Property

by Murtha Cullina on

Article 97 of the Articles of Amendment to the Massachusetts Constitution, approved by the Legislature and ratified by Massachusetts voters in 1972, provides that ‘[l]ands and easements taken or acquired’ for conservation...more

Technology in the Forest Workshop: June 14th-15th Arkansas Forestry Association Workshop

The Arkansas Forestry Association (“AFA”) announced it is holding a workshop titled: Technology in the Forest Workshop (“Workshop”) ...more

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