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

U.S. Supreme Court Significantly Narrows Wetlands That Are “Waters of the U.S.” Under the Clean Water Act

Stoel Rives LLP on

On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of...more

Cadwalader, Wickersham & Taft LLP

Report Underscores Challenges of Attracting Capital for Renewable Energy Development in the ASEAN Region

In April 2023, the Centre for Climate Finance & Investment and the International Energy Agency issued a report identifying and addressing the investment gap in renewable and clean energy in the Association of Southeast Asian...more

Maynard Nexsen

2023 Legislative Update: Regular Session Week Eleven

Maynard Nexsen on

Budgets - The legislature passed record-setting budgets after working into the early hours of Friday morning. The House and the Senate met in a conference committee to reconcile their differences before the final passage...more

Downey Brand LLP

The End of an Era: U.S. Supreme Court Eliminates Significant Nexus Test in Favor of Relatively Permanent Waters, Ruling in Favor...

Downey Brand LLP on

Yesterday, the U.S. Supreme Court released its highly anticipated opinion in Sackett v Environmental Protection Agency, delineating the appropriate standard to determine waters of the United States (WOTUS) under the federal...more

Coblentz Patch Duffy & Bass

San Francisco Planning Commission Recommends Approval of Legislation to Further Ambitious “Housing For All” Plans and Downtown...

In response to Mayor London Breed’s recent Executive Directive, titled “Housing For All,” on May 4, 2023, the San Francisco Planning Commission voted to recommend that the Board of Supervisors approve a package of Planning...more

Nossaman LLP

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States (UPDATED)

Nossaman LLP on

UPDATE: On May 25, 2023, the U.S. Supreme Court overturned the Ninth Circuit, and ruled in Sackett v. EPA that the Environmental Protection Agency and Army Corps of Engineers incorrectly designated a portion of the Sacketts’...more

Coblentz Patch Duffy & Bass

Update on San Francisco Housing Element Implementation

On April 28, 2023, the Planning Commission received an informational presentation from Planning Department staff regarding its work to implement the City’s recently adopted Housing Element Update. (See earlier posts regarding...more

Jones Day

United Nations General Assembly Adopts Landmark Resolution Requesting Advisory Opinion on Climate Change From the International...

Jones Day on

On March 29, 2023, the United Nations ("UN") General Assembly adopted a resolution requesting the International Court of Justice ("ICJ") to issue an advisory opinion on States' obligations regarding climate change under...more

Jones Day

Fifth Circuit Dismisses States' Challenge to President Biden's Executive Order 13990 on the Social Cost of Greenhouse Gases

Jones Day on

On April 5, 2023, the Fifth Circuit Court of Appeals, in Louisiana v. Biden, 64 F.4th 674 (5th Cir. 2023), dismissed a lawsuit brought by 10 state attorneys general against President Biden, challenging Executive Order 13990....more

Robinson+Cole RLUIPA Defense

Fourth Circuit: Church Seeking to Operate as Brewery or Farm Winery Did Not State RLUIPA Claim

The Fourth Circuit has ruled against the Alive Church of the Nazarene’s claims that Prince William County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLIUPA) by denying the Church the...more

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

Low Embodied Carbon Material Requirements: General Services Administration Interim Inflation Reduction Act Pilot Project

The United States General Services Administration (“GSA”) announced pilot interim requirements for the use of low embodied carbon construction materials in GSA projects funded by the Inflation Reduction Rate (“IRA”) of 2022. ...more

Pierce Atwood LLP

Supreme Court Limits Federal Jurisdiction Over Wetlands

Pierce Atwood LLP on

Perhaps settling a debate that has been raging for at least 20 years, the U.S. Supreme Court issued a decision today in Sackett v. EPA that is intended to settle, once and for all, the scope of federal power over wetlands. ...more

Mintz

Sackett turned out exactly like we thought it would turn out. What's next?

Mintz on

So the Sacketts of Idaho are 2-0 in their visits to our nation's highest court and the jurisdictional reach of the Federal Clean Water Act is shorter than it has been for decades. The opinion of the majority has more in...more

Jones Day

U.S. Climate Change Litigation Update: The Supreme Court Greenlights State Court Adjudication of Climate Claims

Jones Day on

Since 2017, a laundry list of state and local governments have sued energy companies in state court seeking damages and other relief to remedy the effects of global climate change. These climate change lawsuits allege that...more

Jones Day

Investor Group Releases Transition Planning Framework for Net-Zero Emissions

Jones Day on

The Institutional Investors Group on Climate Change ("IIGCC") has released guidelines for corporate transition plans designed to achieve net-zero greenhouse gas emission targets by 2050, in accordance with the objectives of...more

Jones Day

California Takes Significant Step Towards Reforming CEQA and Streamlining Infrastructure Projects

Jones Day on

On May 19, 2023, California Governor Gavin Newsom unveiled a significant legislative package and signed an executive order aimed at reforming the California Environmental Quality Act ("CEQA") and streamlining infrastructure...more

Mintz

If you're sad about Sackett, you may be happier about Seafreeze

Mintz on

About a year and a half ago I wrote about one of the four lawsuits brought in an attempt to halt the Vineyard Wind project (see...more

Integral Consulting Inc.

Climate Change, Sea Level Rise, and Groundwater: Legal Implications and Environmental Challenges for Attorneys

Introduction: This article delves into the legal implications and environmental challenges posed by climate change-induced sea level rise, specifically focusing on its effects on groundwater resources. Armed with this...more

Balch & Bingham LLP

SCOTUS On WOTUS: Court's New Test For Jurisdictional Wetlands Increases Clarity By Reducing Coverage

Balch & Bingham LLP on

Last year, when the U.S. Supreme Court granted certiorari in Sackett v. EPA to decide “the proper test for determining whether wetlands are ‘waters of the United States’ under the Clean Water Act,” the safe bet was on the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sackett v. EPA

On May 25, 2023, the Supreme Court of the United States decided Sackett v. EPA, No. 21-454, holding that the Clean Water Act (CWA) extends only to wetlands that are as a practical matter indistinguishable from “waters of the...more

Fox Rothschild LLP

U.S. Supreme Court Loosens the Clean Water Act’s Grip on Wetlands

Fox Rothschild LLP on

The U.S. Supreme Court recently issued an important decision that restricts the jurisdictions of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (USACE) over wetlands. Background- In Sackett v....more

Hogan Lovells

UK Older People’s Housing Taskforce begins work to help tackle the challenges facing the later living sector

Hogan Lovells on

The government’s newly formed Older People’s Housing Taskforce held its inaugural meeting in London on 17 May. Led by Professor Julienne Meyer, a former nurse with an extensive career in researching care for older people,...more

Buchalter

Is a Release of CERCLA Claims Ever Really “Full and Final?”

Buchalter on

When Potentially Responsible Parties (PRPs) settle CERCLA cases, they want finality. They don’t expect to be asked to pay a second time for a claim they have already resolved by settlement. However, a concurring opinion in a...more

Troutman Pepper

Sackett v. EPA: A United (but Divided) Court Narrows CWA Scope

Troutman Pepper on

The U.S. Supreme Court just issued its long-awaited Sackett decision in which it significantly narrowed the scope of federal jurisdiction over “waters of the U.S.” under the Clean Water Act. Written by Justice Alito (with...more

Bricker Graydon LLP

US Supreme Court Issues Decision in Sackett v. EPA Clean Water Act Case

Bricker Graydon LLP on

Today, the U.S. Supreme Court issued its long-awaited decision in the Sackett v. EPA case, in which it narrowed the test for determining whether wetlands are subject to federal jurisdiction under the Clean Water Act, thereby...more

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Privacy Officer
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Sausalito, CA 94965

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