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Zoning, Planning & Land Use Agriculture Constitutional Law

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

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

Indiana Church Files Religious Discrimination Suit Over Nearby Dairy Farm Approval

For the past 30 years, Harvest Christian Camp has provided a summer camp for thousands of Christian children on a 36 acre site in Henry County, Indiana, in accordance with its religious beliefs to “help[] children and teens...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

by Nossaman LLP on

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

by K&L Gates LLP on

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Do Takes of the Utah Prairie Dog Affect Interstate Commerce? Only When McDonalds Starts Serving Prairie Burgers

Earlier this week, in a suit brought by the beautifully named People for the Ethical Treatment of Property Owners, Judge Dee Benson ruled that the United States Fish and Wildlife Service could not regulate takes of the Utah...more

Court Holds Congress Lacks Power to Regulate Take of Intrastate Species that Has No Substantial Effect on Commerce

by Nossaman LLP on

On November 4th, the U.S. District Court for the District of Utah invalidated the special rule issued by the U.S. Fish and Wildlife Service (Service) regulating take of the threatened Utah prairie dog, a species that only...more

The Grapes of Wrath Part II - A Return to Horne

by Nossaman LLP on

In June of last year, the U.S. Supreme Court issued a unanimous opinion in Horne v. Department of Agriculture holding that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement...more

California Environmental Law and Policy Update

by Allen Matkins on

Environmental and Policy Focus - DWR must acquire properties before testing tunnel for diversion of water to Southern California - CourtHouse News - Mar 17: A California appellate court ruled last week that, before...more

Edwards Aquifer Authority v. Bragg: A Summary for Non-Attorneys

by Tiffany Dowell Lashmet on

The Texas Supreme Court's ruling in Bragg makes clear that, at least in some circumstances, a groundwater conservation district's denial or limitation of a permit seeking to pump groundwater for irrigation can constitute a...more

Legal Byte: “Boundary by Agreement:” a fence alone is not enough

by Alan Goldberg on

California landowners can agree on a boundary between their properties. However, they have to conform to specific requirements by California law....more

Potential Future Takings Do Not Give Rise to Liability

by Brad Kuhn on

A new Court of Federal Claims opinion was handed down this month coming right out of our own Southern California backyard. The case, Stueve Bros. Farms, LLC v. the United States, deals with whether a "physical taking of...more

What is Downzoning and When is it Compensable?

by Brad Kuhn on

"Downzoning" describes a government agency's rezoning a parcel of land once previously zoned for a more intense use to a more restrictive use (e.g., changing the commercial zoning designation of an undeveloped parcel of land...more

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