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Lowndes

Cheers to SB148: Alcohol-to-Go Made Permanent in Florida

Lowndes on

Want a margarita with your Mexican dinner to-go? Then you’re in luck. What started out as a COVID-era ease on businesses was signed into law yesterday. CS/SB 148, a bill that allows restaurants with liquor licenses to...more

Nossaman LLP

USFWS Updates Eagle Fatality Model for Wind Facilities

Nossaman LLP on

On May 5, 2021, the U.S. Fish and Wildlife Service (“USFWS”) published its updated collision risk model (“CRM”) for bald and golden eagles at wind energy facilities.  The CRM is a complex Bayesian model the USFWS has endorsed...more

Allen Matkins

California Environmental Law & Policy Update - May 2021 #2

Allen Matkins on

South Coast Air Quality Management District approves warehouse rule for air quality - ABC News – May 8 - The South Coast Air Quality Management District (SCAQMD) last Friday approved a Warehouse Indirect Source Rule,...more

Husch Blackwell LLP

Developers/Declarants Breached Contract By Failing To Pave Roads

Husch Blackwell LLP on

Plaintiffs are property owners in what were originally three separate planned communities known as Mystic Lands. Defendants are the developer/declarant and its sole shareholder, Shinitzky. In October of 2006 the Plaintiff...more

Nossaman LLP

Service Finds Salamanders Do Not Warrant Endangered Species Act Protection

Nossaman LLP on

The U.S. Fish and Wildlife Service (Service) recently announced its finding that three salamander species do not warrant listing as endangered or threatened species under the Endangered Species Act (ESA). ...more

Crowe & Dunlevy

McGirt v. Oklahoma: Impacts on Tribal Taxation

Crowe & Dunlevy on

In McGirt v. Oklahoma, the U.S. Supreme Court decided that Congress never disestablished the Muscogee (Creek) Nation’s reservation. Although McGirt was specific to the Muscogee (Creek) Nation, the Oklahoma Court of Criminal...more

Nossaman LLP

Six Island Species to be Removed from ESA Protections

Nossaman LLP on

In the first week of May, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants...more

Miller Starr Regalia

Landowner Prevails in Short-Term Vacation Rental Lawsuit Against Santa Barbara

Miller Starr Regalia on

On May 4, 2021, the Second District Court of Appeal affirmed a trial court decision, in Kracke v. City of Santa Barbara, __ Cal.App.5th __ (2021) (Case No. B300528), enjoining the City of Santa Barbara’s enforcement of a...more

Farrell Fritz, P.C.

Third Department Reaffirms That Private Ownership with Public Purpose Okay Under the Public Trust Doctrine

Farrell Fritz, P.C. on

The Public Trust Doctrine holds that when a municipality acquires land for an expressly public purpose, it cannot later sell or otherwise alienate the use of that land for private use without the State Legislature’s approval...more

(ACOEL) | American College of Environmental...

Determining Disparate Impacts in Environmental Justice Communities: Does Friends of Buckingham v. State Air Pollution Control...

It has long been recognized that minority and disadvantaged communities are subject to higher levels of pollution than more affluent non-minority areas. This fact is the basis of the need for Environmental Justice to ensure...more

Ballard Spahr LLP

Philadelphia Zoning, Land Use, and Construction Update

Ballard Spahr LLP on

The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process, including the issuance of zoning and building permits, regulation of construction work, and zoning...more

Snell & Wilmer

Arizona Court of Appeals Holds State and Local Property Taxes Assessed Against Permanent Improvements Located on Leased Trust Land...

Snell & Wilmer on

In a decision that impacts entities and individuals doing business in Indian Country, the Arizona Court of Appeals sided with the Taxpayer in its challenge to the state and county’s power to tax property on tribal land in the...more

Nossaman LLP

Trump Administration Bird Rule on the Chopping Block

Nossaman LLP on

On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump...more

Hogan Lovells

NRC Seeking Comment on NEPA Categorical Exclusions

Hogan Lovells on

Last week the Nuclear Regulatory Commission (NRC) published an advance notice of proposed rulemaking and request for comment on categorical exclusions under the National Environmental Policy Act (NEPA). NEPA requires that...more

Farella Braun + Martel LLP

[Webinar] New Statewide Winery Order: What Wineries Need to Know - May 26th, 10:00 am - 11:00 am PT

The new statewide General Waste Discharge Requirements (WDRs) for winery process water (Winery Order) adopted by the State Water Resources Control Board have spread concern across the wine industry. The Winery Order is...more

Allen Matkins

California Environmental Law & Policy Update - May 2021

Allen Matkins on

Environmental groups sue Army Corps of Engineers over pipeline permitting - The Hill – May 3 - A coalition of five environmental groups on Monday sued the U.S. Army Corps of Engineers (Corps) in federal court in...more

Perkins Coie

SB 35 Streamlining Upheld Against “Home Rule” Challenge

Perkins Coie on

Senate Bill 35 (Government Code section 65913.4) was enacted in 2017 as part of an effort by the State Legislature to increase housing production. The law compels local agencies, including charter cities, to issue streamlined...more

Williams Mullen

Liability for Invalid State Agency Permit Decisions: Is the Regulated Party Left Holding the Bag?

Williams Mullen on

Regulated parties who comply with their permit sometimes get an unwelcome surprise. They meet with their state agency, make full disclosure about their discharges or emissions, and then the state agency makes decisions about...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: Y Is for Yard

In my last post, “Real Estate Alphabet Soup: X Is for X-factor” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter Y....more

Williams Mullen

Environmental Notes - May 2021

Williams Mullen on

A recent rulemaking from EPA seeks the assistance of industry and the public in developing new effluent limitation guidelines to regulate per- and polyfluoroalkyl substances (“PFAS”) in wastewater discharges from facilities...more

Nossaman LLP

[Webinar] Living on the Edge: Managing Sea Level Rise in California - May 27th, 11:00 am - 12:00 pm PT

Nossaman LLP on

With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more

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

World Logistics Center Project/Settlement Agreement: Developer Agrees to $47 Million in Solar/Electric Vehicle Upgrades

The developer of a 40.6 million square foot California development project for a large-scale logistics operation (“World Logistics Center Project [Project]”) and various environmental/community groups entered into a...more

Liskow & Lewis

United States Western District of Louisiana Issues Opinion on Notice Required Under La. R.S. 30:103.1 and 103.2 to State a...

Liskow & Lewis on

In recent years, there has been an increase in litigation relating to the unleased owner reporting requirements contained in La. R.S. 30:103.1 and the penalty imposed in La. R.S. 30:103.2. There are few cases interpreting...more

Downey Brand LLP

Properly Posting Notice of Determination Triggers Short CEQA Statute of Limitations Despite Not Providing the Notice to Petitioner...

Downey Brand LLP on

Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately...more

Dentons

Do we have the energy to address climate change?

Dentons on

Climate change is a problem that is too far removed from our lives and too difficult to solve, while at the same time touching on every aspect of our lives. This paradox explains why it has taken the world some time to reach...more

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Updated: Apr 27, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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