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Zoning, Planning & Land Use Professional Malpractice

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

Sustainable Development and Land Use Update 7.11.24

Allen Matkins on

The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

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

Arkansas Ambient Air Monitoring Network: Annual Network Plan for 2024-2025

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on July 1st to the United States Environmental Protection Agency (“EPA”) a document titled: Arkansas Ambient Air...more

Snell & Wilmer

Legal Battle Over Casino Development: Sault Ste. Marie Tribe of Chippewa Indians v. Debra A. Haaland

Snell & Wilmer on

In a recent judicial decision involving the Sault Ste. Marie Tribe of Chippewa Indians, the Tribe has faced a setback in establishing a casino near Detroit, Michigan. The case of Sault Ste. Marie Tribe of Chippewa Indians v....more

Coblentz Patch Duffy & Bass

As San Francisco Fails to Meet Its Housing Goals, the City’s Approval Process for Housing Projects Just Got Much (Much) Faster and...

As expected, on June 28, the California Department of Housing and Community Development (HCD) determined that San Francisco has not made adequate progress toward its State-mandated housing production goal. The City’s Housing...more

McGuireWoods LLP

Loudoun County, Va., Moves to Restrict Data Center Development

McGuireWoods LLP on

Loudoun County, Va., joins a growing number of northern Virginia jurisdictions taking affirmative steps to restrict data center development. As the first part of a two-phase process, the board of supervisors voted to advance...more

Hogan Lovells

UK and New York repurposing trends: how do they compare?

Hogan Lovells on

One of the many benefits of being in a truly global law firm, is being able to explore the experiences of counterparts around the world – which are often so similar, yet so very different – to help inspire and inform what we...more

Allen Matkins

New California Assembly Committee Aims to Reduce Permitting Obstacles for Housing and Climate Projects

Allen Matkins on

The Assembly Select Committee on Permitting Reform held its first hearing on June 18, 2024, commencing its efforts to address California’s housing and climate crises by reforming the state’s land use permitting regime....more

Pierce Atwood LLP

Breaking: Mass. high court confirms that in Boston, zoning appeal bond can be required without finding of bad faith or malice

Pierce Atwood LLP on

In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the...more

Harris Beach PLLC

Public Hearings Set for Changes to New York’s Freshwater Wetlands Act

Harris Beach PLLC on

Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York. The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00...more

Kohrman Jackson & Krantz LLP

Transformational Mixed-Use Development Credit: Preliminary Insights for the FY 2025 Cycle

As the Ohio Statehouse works to complete its work on biennial appropriations for public infrastructure projects and one-time strategic community investments, the Ohio Department of Development (ODOD) is in the process of...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Mcrae Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of McRae, Arkansas entered into a June 4th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

Recycling and Emissions Reduction Rule/Air Enforcement: U.S. Department of Justice and New York City Supermarket Operator Enter...

The United States Department of Justice (“DOJ”) on behalf of the U.S. Environmental Protection Agency (“EPA”) entered into a July 1st Consent Decree (“CD”) with Gristede’s Foods NY, Inc. (“GFNI”) addressing alleged violations...more

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

Project Emissions Counting/Clean Air Act: Steel Manufacturers Association Comments on U.S. Environmental Protection Agency...

The Steel Manufacturers Association (“SMA”) submitted July 2nd comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Signification Deterioration (PSD) and...more

Snell & Wilmer

Court Vacates Decision to Take Downtown Juneau Land Into Trust for Tlingit & Haida Tribe

Snell & Wilmer on

In a momentous legal development, U.S. District Court Judge Sharon L. Gleason has vacated and remanded a decision by the U.S. Department of the Interior (DOI) to place a 787-square-foot parcel of land in downtown Juneau into...more

Hogan Lovells

New UK government; new approach to planning?

Hogan Lovells on

In the planning world we are no strangers to the political spotlight every time there is an election. It seems that the promise of greater delivery, more housing, and speedier decisions is a rite of passage for any new...more


Osceola County Considers 90-Day Moratorium on Residential Development Rezoning Applications

Lowndes on

The Osceola Board of County Commissioners is proposing a 90-day county-wide moratorium on applications that would allow residential development on land zoned for non-residential uses, among other restrictions. The proposed...more

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

Waste Tire Enforcement: Mississippi Commission on Environmental Quality and Meridian Property Owner Enter into Agreed Consent...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mr. Graham C. Coats entered into a May 15th Agreed Consent Order (“ACO”) addressing the alleged abandonment of waste tires. The ACO states that an...more

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

Solar Panel Array: New Hampshire Supreme Court Addresses Zoning Issue

The Supreme Court of New Hampshire (“Supreme Court”) in an April 9th, 2024 Opinion addressed an issue arising out of a proposal to install a solar panel array. See Mojalaki Holdings v. City of Franklin, 2024 N.H. 17 (2024)....more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis Connectors/Clamps Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and Connectors Castings, Inc. (“CCI”) entered into a June 13th Administrative Order on Consent (“Order”) addressing alleged violation of the Missouri Air Regulations. See...more

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

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

Hogan Lovells

Reimaging Real Estate: Repurposing in Spain

Hogan Lovells on

The change of use of properties in Spain is regulated by a specific regulatory framework that varies according to each region, and Spain has 17 regions. This process is essential for adapting land use to current market needs...more

Tonkon Torp LLP

Vacation Rental Owners Face Stiff Headwinds Around Oregon

Tonkon Torp LLP on

Over the past few years, my colleagues and I have been waging numerous battles on behalf of the vacation rental industry around Oregon. We have achieved some successes, like in Clatsop County and the City of Manzanita, and...more

Cozen O'Connor

Adams Administration Releases Draft Strategies for Long Island City Neighborhood Plan

Cozen O'Connor on

On June 24, 2024, the Adams administration, through the NYC Department of City Planning (DCP), unveiled Draft Strategies, including a zoning proposal, that could lead to the development of more than 14,000 homes, more...more

Holland & Knight LLP

D.C. Office of Planning Issues Draft Ivy City and Nannie Helen Burroughs Small Area Plans

Holland & Knight LLP on

The D.C. Office of Planning has issued a proposed new Ivy City-Small Area Plan (Draft IC-SAP), along with a proposed new Nannie Helen Burroughs Corridor-Small Area Plan (Draft NHBC-SAP), for public review and comment....more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - June 2024 #4

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

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.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 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 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

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

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:

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