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

Manufacturing Activities Generate More Brownfield Tax Credits

Hodgson Russ LLP on

A new advisory opinion was recently posted to the website of the NYS Department of Taxation and Finance detailing the operation of the Brownfield Tax Credit Program (“BTCP”). This opinion concludes that mixed-use buildings...more

Allen Matkins

Renewable Energy Update - September 2020 #4

Allen Matkins on

California grants western Joshua trees temporary endangered species protections - Bullet Los Angeles Times – September 22 - The California Fish and Game Commission this Tuesday granted temporary endangered species...more

Allen Matkins

Sustainable Development and Land Use Update - September 2020 #4

Allen Matkins on

S.F.’s Embarcadero could be devastated by earthquakes and rising seas, study warns - SFGate – September 19 - The Embarcadero in San Francisco faces severe threats from both earthquakes that could undermine the city’s...more

Morgan Lewis

California Orders Phase-Out of Gas Cars and Expedited Regulation of Oil Extraction, Production Facilities

Morgan Lewis on

With a recent executive order, California is the first state in the nation to commit to ending the sale of fossil fuel–powered vehicles. The order also directs the expedited regulation and closure of oil extraction and...more

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

MS4 Enforcement/Mt. Vernon, New York: U.S. District Judge Issues Order/Injunctive Relief Requiring Compliance

United States District Judge Cathy Seibel issued a September 21st Order to the City of Mount Vernon, New York (“Mount Vernon”) requiring that it bring its Municipal Separate Storm Sewer System (“MS4”) into compliance with the...more

Pessin Katz Law, P.A.

Fall Law: Avoiding Leaf Litigation

Pessin Katz Law, P.A. on

The trees have begun their annual transformation and the scent of pumpkin spice is starting to drift through the air. Yes, we have made it to autumn. While many of our favorite autumn activities have been postponed,...more

Hogan Lovells

NRC Commission Approves GEIS for Advanced Nuclear Reactors

Hogan Lovells on

On September 21, 2020, the Nuclear Regulatory Commission (NRC) voted to develop and codify a Generic Environmental Impact Statement (GEIS) for the construction and operation of advanced nuclear reactors through a...more

Best Best & Krieger LLP

Western Joshua Trees Receive Temporary Protection Under the California Endangered Species Act

Designation Impacts Local Ordinances and Developments Involving the Tree - Of particular significance to desert communities, the California Fish and Game Commission designated the western Joshua tree as a “candidate”...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #4

Allen Matkins on

California plans to ban sales of new gas-powered cars in 15 years - The New York Times – September 23 - California plans to ban the sale of new gasoline-powered cars statewide by 2035, Governor Gavin Newsom announced...more

Bryan Cave Leighton Paisner

A roadmap to biodiversity net gain under the Environment Bill

The planning system has long sought to avoid the most severe adverse impacts on biodiversity, but it is unable to secure routine biodiversity improvement.  The Environment Bill, which is going through Parliament at the...more

Jones Day

Saudi Arabia's New Mining Law

Jones Day on

In recent years, Saudi Arabia has witnessed substantial growth in the production of primary, midstream, and downstream mineral and metals products catering to both local and export markets. Currently, as a part of the...more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

Snell & Wilmer on

A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury...more

Troutman Pepper

Corps Proposes to Modify Nationwide Permit 12 to Simplify Pre-Construction Notification for Pipelines

Troutman Pepper on

On September 15, 2020, the United States Army Corps of Engineers (Corps) issued its “Proposal to Reissue and Modify Nationwide Permits” (Proposed Rule). Under Section 404 of the Clean Water Act and Section 10 of the Rivers...more

Perkins Coie

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

Perkins Coie on

The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

Cozen O'Connor

Zoning Commission Approves Six-Month Extension Of Orders Expiring Through December 31, 2020

Cozen O'Connor on

As part of the initial flurry of administrative and regulatory changes in response to the ongoing pandemic, the Zoning Commission (Commission) took emergency action to approve a text amendment to the Zoning Regulations...more

Holland & Knight LLP

California's 2021 Housing Laws: What You Need to Know

Holland & Knight LLP on

As California's housing supply and homelessness crisis continues to worsen, the state Legislature has for the past several years passed numerous pieces of housing legislation in each legislative session. ...more

Hogan Lovells

Prejudice to landowner is too high to impose Code rights on its land

Hogan Lovells on

The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. ...more

Pierce Atwood LLP

Maine Law Court Restricts Use of Easements for Development Permits

Pierce Atwood LLP on

Recently,  the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more

Miller Starr Regalia

Third District Dismisses Appeal In CEQA Case As Moot Where Plaintiff Failed To Timely Seek Or Obtain Preliminary Injunction And...

Miller Starr Regalia on

In an opinion originally filed on August 26, and later certified for publication on September 16, 2020, the Third District Court of Appeal dismissed a plaintiff group’s (“Parkford”) appeal from an adverse judgment in a...more

Cozen O'Connor

Zoning Commission Moves To Clarify Regulations For Virtual Meetings And Hearings

Cozen O'Connor on

As COVID-19-related closures are likely to continue into 2021, the Zoning Commission (Commission) recently took emergency proposed action to further clarify the rules and procedures for virtual meetings and hearings. The text...more

Michael Volkov

Daimler AG and Mercedes Benz Settle with US for $1.5 Billion for Emissions Cheating

Michael Volkov on

The Justice Department, the Environmental Protection Agency and the California Resources Board  announced a joint settlement totaling roughly $1.5 billion with Daimler AG and its US subsidiary Mercedes Benz to resolve...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

Farrell Fritz, P.C. on

The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Allen Matkins

Renewable Energy Update - September 2020 #3

Allen Matkins on

Wildfire smoke decreases California solar energy output - KQED – September 11 - Thick layers of ash and smoke in California have made it harder for solar panels to absorb sunlight, decreasing their energy output by as...more

Allen Matkins

Sustainable Development and Land Use Update - September 2020 #3

Allen Matkins on

California commercial real estate ramps up use of alternative energy sources - Bullet Bisnow – September 13 - Stem is one of a number of alternative energy companies seeing an increase in demand from commercial real...more

Cozen O'Connor

Board Of Zoning Adjustment Reverses Zoning Administrator’s Interpretation On Multiple Dwelling Conversions In The RA-1 And RA-6...

Cozen O'Connor on

On July 1, 2020, the Board of Zoning Adjustment (Board) reversed a decision by the Zoning Administrator (ZA) allowing the by-right conversion of an existing dwelling unit into an eight-unit apartment house in the RA-1 zone. ...more

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Sausalito, California 94965

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