News & Analysis as of

Citizen Initiative Campaigns

Denver Green Roof Initiative Passed by Denver Voters

By a narrow margin, on Nov. 7, 2017, Denver voters approved a Citizen Ballot Initiative (“Initiative”) that mandates green roofs on all new buildings with over 25,000 square feet of floor area. The Initiative also requires...more

Unions Fight Back Against Missouri Right-to-Work Law

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. Senate Bill 19, codified as Section 290.590 of the Missouri Revised Statutes (RSMo), was...more

All Power To The People: Initiatives And Referenda In California

by Allen Matkins on

A year ago, I addressed the effective date of California legislative bills in this post. In California, the people can also exercise legislative power through two different mechanisms – the initiative and the referendum. In...more

Oh, What Schemes of Glory This Business of Gambling Gives Birth To

by PretiFlaherty on

Article 48, an amendment to the Massachusetts constitution adopted in 1918, states that “the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional...more

Potential Recreational Marijuana Legalization (in California) Should Force Local Governments to Cultivate New Regulations

by Best Best & Krieger LLP on

California may soon join the growing number of states that allow recreational marijuana with the Control, Regulate, and Tax Adult Use of Marijuana Initiative (or Proposition 64) on the November ballot. The measure would...more

Land Use Advisory: Revised Citywide Building Moratorium Initiative Proposed for March 2017 Los Angeles Ballot

by Alston & Bird on

As you may have heard this week, proponents of a Los Angeles citywide building moratorium voter initiative known as the “Neighborhood Integrity Initiative” have withdrawn an initiative initially proposed for the November 2016...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Debate Begins Over Spending or Saving Projected Surplus - This week, the Maine Revenue...more

Proposed Initiative Seeks Vote On California Nationhood

by Allen Matkins on

Earlier this month, California’s Secretary of State announced that the proponent of a California nationhood proposal may circulate the initiative for signature.  The proponent must secure the signatures of 365,880 registered...more

Does Voter Initiative Drain Water Providers' Power to Respond to Drought?

by Nossaman LLP on

As reported on Nossaman's Endangered Species Law & Policy blog, on April 1, 2015, Governor Jerry Brown issued a landmark executive order mandating water cutbacks for urban residents to address the state's historic drought....more

Football and the Future of CEQA for Popular Projects

In quick succession, the Southern California cities of Inglewood and Carson have used the initiative process to approve new NFL football stadiums in bids to lure teams to new homes, bypassing review under the California...more

Citadel Drops Lawsuit Against San Benito Fracking Ban

by Stoel Rives LLP on

On Friday, April 3, Citadel Exploration filed a request for dismissal in its suit against San Benito County’s Measure J.  Measure J was passed in the November 2014 election and is a ban on high-intensity petroleum operations,...more

Michigan Tax Update: Ballot Initiative Good for Tribes

by Varnum LLP on

The Michigan legislature has approved a ballot initiative that will be submitted for voter approval in May 2015. If approved, the initiative will impact Tribes in two important ways...more

Is a Statewide Ban in Colorado in Play for 2016?

by BakerHostetler on

While Colorado cities continue to litigate their authority to ban fracing, a new environmental group is rallying to ban the practice throughout the entire state. At a gathering on February 24, the “Coloradans Against...more

Fracking Bans Don't Trigger Civil Authority Coverage

by Zelle LLP on

On Nov. 4, 2014, voters in Denton, Texas, which is home to more than 270 natural gas wells, approved a ballot initiative banning all hydraulic fracturing within the city’s limits. The Denton ban, which took effect on Dec. 2,...more

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

by Nossaman LLP on

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other...more

Colorado Oil & Gas Association Seeks Overturn of Broomfield Hydraulic Fracturing Ban

by BakerHostetler on

On Monday, November 24, the Colorado Oil & Gas Association (COGA) filed a lawsuit in the Broomfield District Court for declaratory judgment to invalidate that city’s temporary ban on hydraulic fracturing. The ban, known as...more

No Michigan Wolf Hunt for 2014

by Varnum LLP on

The Michigan Natural Resource Commission recently decided that it will not hold a wolf hunt this year, even if voters approve two referendums on the November 4 ballot permitting wolf hunting. The November 4 referendums ask...more

California Environmental Law and Policy Update - August 2014 #5

by Allen Matkins on

Environmental and Policy Focus: The California Supreme Court further limits the scope of CEQA review for voter-sponsored initiatives: Allen Matkins - Aug 11: Voter-driven initiatives meeting California Elections Code...more

California Supreme Court Rules Local Governments Are Not Required to Comply With CEQA Before Adopting a Voter-Sponsored Initiative

by Best Best & Krieger LLP on

Opinion Clarifies When CEQA Review is Required for Local Land Use Initiatives - Local governments may adopt voter-sponsored initiatives without conducing environmental review pursuant to the California Environmental...more

CA Supreme Court Rules ‘No CEQA Required’ When Agencies Adopt Citizen-Sponsored Initiatives

The California Supreme Court unanimously ruled that when a city council or county board of supervisors adopts a citizen-sponsored land use initiative, rather than placing it on the ballot, it need not comply with the...more

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