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

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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!”

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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...

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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."

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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

McGuireWoods LLP

Fairfax County to Hold Information Sessions for SSPA Plan Amendment Process

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Fairfax County, Virginia, will hold a series of sessions to provide additional information about the upcoming site specific plan amendment (SSPA) cycle in early 2025. This is Fairfax County’s process for reviewing proposed...more

Meyers Nave

2024 California Developers’ Toolkit: Density Bonus Law, Housing Laws, & Strategies for Success

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The California Legislature has continued to refine the Density Bonus Law over the years, making important updates to housing laws that impact developers across the state. Recent legislative changes include key updates on...more

Bowditch & Dewey

Courts and Communities Grapple with Housing and Substance Abuse Crises and the Limits of Local Zoning

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Does G.L. c. 40A, § 3, ¶ 4 “impose[] a per se requirement that all sober homes be treated in all circumstances as would single family homes as a matter of law?” In anticipation of December 2024 oral arguments, the Supreme...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey DEP’s Resilient Environments and Landscapes (REAL) Regulations: An Overview of the Proposed Rulemaking and Its Impacts...

The New Jersey Department of Environmental Protection (NJDEP) is immersed in one of the most impactful rulemaking proceedings in the state’s history in an effort to implement regulatory changes to address and mitigate the...more

McGuireWoods LLP

Arlington Circuit Court Considers Post-Trial Motions

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On Oct. 25, 2024, nearly a month after striking down Arlington’s Missing Middle policy, Judge David Schell of the Arlington Circuit Court considered several post-trial motions. He heard arguments on two motions to intervene —...more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators Approve Second Disaster Recovery Package

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Legislators returned to Raleigh on Thursday and unanimously passed a second Disaster Recovery bill (S 743). The bill appropriates $644 million and makes various policy changes to facilitate storm recovery. Gov. Roy Cooper is...more

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

Railroad Valley Toad/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) sent an October 15th 60-day notice of intent to sue to the United States Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”). CBD...more

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

Waters of the United States/Clean Water Act: Federal Court Addresses Jurisdictional Issue

The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 10.25.24

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California officials have joined a legal effort to restore water to the Kern River after an abrupt shutoff of water dried up the river and killed thousands of fish in Bakersfield....more

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

Biosolids Technology Hub: New England Interstate Water Pollution Control Commission Announces PFAS Information Clearinghouse

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) has announced the development of what is referred to as a Biosolids Technology Hub (“BioHub”). The BioHub is stated to have been created to serve...more

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