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Brownstein Hyatt Farber Schreck

CEQA News You Can Use - November 2024 - Volume 9, Issue 3

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

Balch & Bingham LLP

Sackett, One Year Later

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After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Scrap Mill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor Corporation (“Nucor”) entered into an October 14th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Coblentz Patch Duffy & Bass

What We're Reading, Watching, and Listening To: October 2024

A roundup of news and multimedia from the Unfamiliar Terrain team: San Francisco - Can downtown be saved? Mayoral candidates’ big ideas to stop the bleeding (SF Standard): The candidates agree that something must be...more

Nossaman LLP

Court Holds Agency May Not Cure its Failure to Analyze Project’s Potential for Increased Wildfire Risk

Nossaman LLP on

In a partially published decision in People ex rel. Bonta v. County of Lake (Oct. 13, 2024, A165677) __ Cal. App. __ [2024 Cal.App. LEXIS 667], the First District Court of Appeal affirmed the trial court’s ruling in favor of...more

Miller Starr Regalia

Sheetz v. El Dorado County: Death Knell for Development Fee Programs or Harbinger of Judicial Deference?

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The United States Supreme Court’s most recent Takings case, Sheetz v. El Dorado County, California enunciated a seemingly simple holding, that legislatively-imposed development fees are not, as such, exempt from analysis...more

Cozen O'Connor

New York Note: Adams Trial, City for All, Ballot Propositions, Semiconductor Facility

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Mayor Adams Trial Scheduled- Mayor Eric Adams’ trial has been scheduled for April 21. Mayor Adams has been accused of corruption and bribery, and has pleaded not guilty. Council Unveils “City for All” Response to “City...more

Foley Hoag LLP - Environmental Law

How Will the Election Results Affect the Supreme Court (If At All!)?

As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court. In my little world, people are particularly concerned...more

Mintz

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

Mintz on

Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drinking Water State Revolving Funds: U.S. Environmental Protection Agency Releases 2023 Annual Report

The United States Environmental Protection Agency (“EPA”) released on October 17th its: 2023 Drinking Water State Revolving Fund Annual Report (“Report”). ...more

Butler Snow LLP

Texas Comptroller Releases a Report on Housing Affordability

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In August of this year, Texas Comptroller Glenn Hegar shared a Housing Affordability Challenge report, which examines the factors contributing to the housing affordability crisis across the U.S., how the crisis is affecting...more

Conn Kavanaugh

Affordable Homes Act Significantly Increases Homestead Exemption

Conn Kavanaugh on

On August 6, 2024, Governor Maura Healy signed the Affordable Homes Act (the Act”), legislation whose purpose is to address rising housing costs within the Commonwealth by implementing public investment, changes to zoning...more

Goldberg Segalla

Frustrated by EPA’s Delay on Air Quality, Environmental Groups Tell the Agency: “NOx it Off!”

Goldberg Segalla on

Nitrogen Oxide (NOx) is a very reactive, brown-hued gas commonly produced when fuels are burned at high temperature by motor vehicles, chemical plants, etc. Industries will often intentionally oxidize NOx to produce lacquers,...more

Cozen O'Connor

Broad Street Brief: City Council Advances Components of Arena Legislation

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City Council Advances Arena Legislation - During Thursday’s meeting, City Council voted 11-5 to advance two largely procedural resolutions key to the development and construction of the Sixers’ proposed Center City arena....more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

Miller Starr Regalia on

In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

Fox Rothschild LLP

New Jersey Establishes Affordable Housing Calculation Methodology, Allocates Need

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The New Jersey Department of Community Affairs recently established the calculation methodology and allocation of prospective affordable housing need for all 564 municipalities in the state. The “Affordable Housing...more

Allen Matkins

Sustainable Development and Land Use Update October 2024 #3

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A bid to bolster eviction protections for San Francisco’s oldest neighborhood businesses won key approval last Tuesday as city leaders contemplate a sweeping rezoning plan that stands to boost building height limits along...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Municipal Solid Waste Landfills/Emissions: U.S. Environmental Protection Agency Opens Non-Regulatory Public Docket

The United States Environmental Protection Agency (“EPA”) opened on October 25th a Non-regulatory Public Docket addressing municipal solid waste landfills....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 9th Proposed Order and Assessment (“Order”) to RMK LLC. See Case No. FDA24-0044. RMK is stated to be the owner of two underground storage...more

Mitchell, Williams, Selig, Gates & Woodyard,...

9th Annual Arkansas Environmental Policy Summit: November 8th Conway, Arkansas

The 9th Annual Arkansas Environmental Policy Summit (“Summit”) will be held on November 8th in Conway, Arkansas. ...more

Allen Matkins

Court Of Appeal: "We regret to inform that cannabis is illegal in California because federal law says so."

Allen Matkins on

In November 2016, the voters of California adopted  Proposition 64 - the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Cal. Bus. & Prof. Code § 26000 et seq.  The act established a basic framework for licensing,...more

King & Spalding

Following Finch: Planning Permission for Coal Mine Quashed

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In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more

Lippes Mathias LLP

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on...

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more

Lowndes

Update on Orange County’s Proposed Ordinance to Halt Certain Development Projects

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On October 29, 2024, the Orange County Board of County Commissioners approved a new ordinance that will temporarily suspend all comprehensive plan text and map amendments, rezonings, and special exceptions, but provides a...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and Tricolored Bat Guidance

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On Wednesday, October 23, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern...more

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