City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more
The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for...more
A California Supreme Court ruling will allow student housing at University of California to be built at Berkeley's historic People's Park. In February 2023, a state appeals court in San Francisco had sided with the opponents,...more
“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more
Last week, an interesting lawsuit was filed in Boston with a distinctly and perhaps ironic environmental justice flavor. A non-profit, the Emerald Necklace Conservancy, along with fifteen Boston residents, brought suit to...more
The 2023 legislative session culminated in Governor Newsom signing dozens of land use bills. This post discusses the most important. The Legislature continued its multifaceted approach to addressing the housing crisis, with...more
A significant funding opportunity for communities impacted by military aviation noise is available through the Department of Defense (DoD) Office of Local Defense Community Cooperation (OLDCC) which will issue up to $75...more
Noise and light can be bad for us just like dirty water and air - The picture-perfect spot to live our healthiest lives would be temperate, with fresh air, sparkling water, and night skies ablaze with stars. It would...more
The concept of legal standing made headlines in high-profile U.S. Supreme Court cases this summer; but it is just as critical for cases in Virginia state courts. In the land use and real estate development context, the...more
The California Supreme Court, on May 17, 2023, granted review of the First District Court of Appeal’s decision in Make UC a Good Neighbor v. Regents of University of California (2023) 88 Cal.App.5th 656, where the Court of...more
On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. Regents of University of California...more
Formula One’s (F1) popularity has surged in recent years. On track, the 2021 season has been the most exciting in recent memory given Red Bull’s successful campaign against the reigning seven-time champions Mercedes. Off...more
I used to think that noise was something that grumpy old men complained about. Then I became a grumpy old man. And now I realize that noise really is a pollutant. And so I was pleased to see The Effects of Noise on Health. ...more
Fairfax County planners recently released a staff report that recommends changes to decades-old noise policies. Among other things, as proposed, new residential uses could be considered in the 60 and 65 day-night average...more
On 25 March 2022 the Victorian Supreme Court issued its long awaited judgment in the ongoing Bald Hills Wind Farm nuisance proceedings in Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145....more
The Fairfax County Board of Supervisors is considering an amendment to the Comprehensive Plan’s airport noise policy that would allow new residential uses between the 60 and 65 DNL airport noise contours, subject to noise...more
A federal district court, applying California law, has held that an insurer owed a duty to defend and indemnify an insured in an underlying nuisance litigation under a not-for-profit D&O policy, as the policy’s pollution,...more
American Airlines Group Inc. stated that it plans to pledge its loyalty program “as collateral for a $4.75 billion government loan as it seeks to shore up capital to manage through the coronavirus pandemic.” The company...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more
Seyfarth Synopsis: The U.S. Occupational Safety and Health Administration (OSHA) has issued a standard interpretation cautioning employers on the use of headphones to listen to music on a construction site....more
The Workers’ Minimum Standard of Housing and Amenities (Amendment) Act 2019 aims to expand the minimum standard of housing and provision of basic facilities for workers in all sectors. The Act received Royal Assent on...more
With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more
Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more
This blog examines the complexities of Agent of Change cases from our experience acting for developers and venues alike and, in particular, considers the concept and use of noise easements to resolve and manage noise issues...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more