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Zoning, Planning & Land Use Updates

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

CEQA Remedies Statute Authorizes Writ Partially Decertifying EIR and Leaving Project Approvals In Place

by Miller Starr Regalia on

In a partially published opinion filed December 4, 2017, the Second District Court of Appeal affirmed the trial court’s post-remand judgment and held that CEQA’s remedies statute – Public Resources Code § 21168.9 – allows a...more

Western Governors Determined To Strengthen Relationships Under Trump Administration

by Snell & Wilmer on

The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018. While discussions focused on...more

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Climate Change and Coastal Adaptation in the Tri-State Area

by Farrell Fritz, P.C. on

Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of climate change. The report, entitled Climate Science Special Report, is of particular concern to Long...more

NYC Property Owners: Neighbors Who Are Renovating Might Use Your Property For Free.

by Cole Schotz on

The New York City Building Code, Chapter 33, requires a developer to safeguard adjoining property during the conduct of all construction and demolition operations. Accordingly, a developer and an adjoining property owner may...more

California Supreme Court Holds Groundwater Pumping Charges Are Not Property-Related Charges Subject to Proposition 218 - Case May...

by Best Best & Krieger LLP on

The California Supreme Court concluded recently that a local water agency’s groundwater pumping charges are not property-related charges subject to the substantive and procedural requirements of California Constitution...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Year-End CEQA Legislative And Regulatory Roundup – December 2017

by Miller Starr Regalia on

As another year draws near its close, a number of notable recent CEQA developments in both the legislative and regulatory arenas have occurred that bear mention. SB 35 (Wiener), perhaps the “poster child” of the numerous...more

Huntington Beach Specific Plan Exempt From General Plan Consistency Requirement

by Miller Starr Regalia on

American humorist Will Rogers once quipped, “The minute you read something that you can’t understand, you can almost be sure it was drawn up by a lawyer.” There are, of course, many other similarly amusing criticisms of...more

Trendy Building Material May Cause Future Problems

We all remember the litigation nightmare surrounding synthetic stucco or EIFS (exterior insulation finish systems) in the recent past. Now, commentators worry that Adhered Concrete Masonry Veneer, also known as manufactured...more

Art in Public Places: Regulatory Burden or Opportunity?

by Bilzin Sumberg on

The concept of art in public places is well-established in the United States. As early as the 1930s, the federal government created New Deal programs that paid artists to create works of art for display in municipal buildings...more

Pennsylvania DEP Issues New Permits Aimed to Further Regulate Methane Emissions from the Natural Gas Industry

by Steptoe & Johnson PLLC on

On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more

Nebraska Approves Route for Keystone Pipeline XL

by King & Spalding on

On November 20, 2017, the Nebraska Public Service Commission (PSC) approved a route for the Keystone XL Pipeline (Pipeline) to pass through Nebraska. Although the approval is a significant milestone for the Pipeline and the...more

Florida’s “Vacation Rental” Laws To Be Readdressed in 2018 Legislative Session

Florida’s state legislators have begun filing their initial bill proposals for the 2018 Legislative Session, and it looks like the battle over local government regulation of vacation rentals (a.k.a. “short-term” rentals) will...more

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

New Legislation Limits Government Zoning Regulations

by Ruder Ware on

New legislation has been signed by Governor Walker that limits the ability of local governments to control certain zoning regulations and requires greater flexibility in the approval of conditional use permits. Under 2017...more

Maine DEP Voluntary Response Action Program Releases Updated Guidance

by Pierce Atwood LLP on

The Maine Department of Environmental Protection’s (DEP) Voluntary Response Action Program (VRAP) just provided updated guidance explaining the new application fees and -- perhaps more importantly -- clarifying and updating...more

Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S.: Association of State and Territorial Solid Waste...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has released a November 2017 report titled: Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S. (“Supplemental...more

Arkansas Pollution Control and Ecology Commission Regulation 30 (Remedial Action Trust Fund Hazardous Substance Site Priority...

The Arkansas Department of Environmental Quality (“ADEQ”) issued a November 28th news release stating that the Arkansas Pollution Control and Ecology Commission (“Commission”) will hold a public hearing on December 4th to...more

Asbestos Enforcement: Arkansas Department of Environmental Quality and Jonesboro, Arkansas Construction Firm Enter into Consent...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shannon Kee Construction, LLC (“SKC”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control...more

Federal Brownfield Legislation: U.S. House of Representatives Passes Amendments

The U.S. House of Representatives (“House”) on November 30th passed amendments that would address the federal Brownfield program. H.R. 3017 is titled the “Brownfields Enhancement, Economic Redevelopment, and...more

The Government's New Directive to the OIO

by DLA Piper on

New directive letter - The Associate Finance Minister and the Minister for Land have issued a new directive letter under the Overseas Investment Act 2005 (OIA), directing the Overseas Investment Office (OIO) as to the...more

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

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