News & Analysis as of

Historic Preservation

BCLP

Nuclear Heritage

BCLP on

On 13 September 2024, the Government published a heritage and vision statement to commemorate, celebrate, preserve and safeguard the history and cultural heritage of the UK’s civil nuclear industry and those associated with...more

Polsinelli

Not-For-Profits Gain Access to Historic Tax Credits with Enactment of Missouri HB 2062

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On May 16, Missouri passed HB 2062 modifying the state’s existing Historic Tax Credit (HTC) program. The bill alters the program in several significant ways. The program will now feature a year-round application cycle,...more

Womble Bond Dickinson

Tribal Consultation and Permitting Reform

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As discussed throughout this series, mine permitting in the United States is a complicated process. The permitting authorities are a mix of state and federal agencies, and that mix varies depending on where the mine is...more

Williams Mullen

Virginia Historic Rehabilitation Tax Credits - Legislative Update

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The Virginia Historic Rehabilitation Tax Credit (HRTC) program (see Virginia Code § 58.1-339.2) has played a significant role in stimulating Virginia’s economy and preserving thousands of historic properties throughout the...more

Beveridge & Diamond PC

Army Corps of Engineers Proposes to Rescind Its Specific Approach to Historic Properties

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The U.S. Army Corps of Engineers (the Corps) recently proposed eliminating its longstanding process and requirements for compliance with Section 106 of the National Historic Preservation Act (NHPA). The proposed rule would...more

Holland & Knight LLP

Legislation Proposes Amendments to D.C.'s Tree Preservation Law

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The Council of the District of Columbia's Committee on Transportation and the Environment will hold a public hearing on March 18, 2024, regarding the Tree Preservation Enhancement Act of 2023 (Bill B25-0472)....more

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

Procedures for the Protection of Historic Properties/National Historic Preservation Act: U.S. Army Corps of Engineers Proposed...

The United States Army Corps of Engineers (“Corps”) published a proposed rule in the February 9th Federal Register addressing compliance with the National Historic Preservation Act (“NHPA”). See 89 Fed. Reg. 9079. The...more

Allen Matkins

Sustainable Development and Land Use Update 1.30.24

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Fullerton leaders have reached a settlement with the state over the city’s housing element. When looking at how much housing is needed in the state to meet the growing population, Fullerton’s Regional Housing Needs Allocation...more

Alston & Bird

Land Use Matters December 2023 - CEQA Appellate Decisions & Other Legal Developments

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City of Los Angeles - The Processes and Procedures Ordinance Becomes Operative January 22, 2024 - The city council adopted the Processes and Procedures Ordinance amending the Los Angeles Municipal Code (LAMC) to...more

Hogan Lovells

UK heritage planning law review 2023 – matters of judgment

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Over the last year, planning, and more particularly planning reform, has become an increasingly hot political topic, even managing to grab headlines in the press and featuring in many of the speeches and promises made by the...more

Kohrman Jackson & Krantz LLP

Federal Brownfields Incentives Program’s Triumphant Return

On November 16, 2023, Congressman Mike Turner (R-OH-10) and Mikie Sherill (D-NJ-11) reintroduced the bipartisan Brownfields Redevelopment Tax Incentive Reauthorization Act (H.R. 6438) (BRTIRA). BRTIRA is designed to provide...more

Troutman Pepper

Lawsuit Against the National Trust Over Preservation of Historic Home Dismissed

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Oatlands Historic House in Leesburg, VA was built in 1804 and is recognized as one of the finest federal-period country estate homes in the country. The home and approximately 400 surrounding acres were donated to the...more

BCLP

Levelling Up and Regeneration Act 2023: Summary of Planning Reforms

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The Levelling-up and Regeneration Act 2023 was given Royal Assent on 26 October 2023. It introduces some wide-ranging reforms to the planning system which we summarise in this Insight. However, most of the changes will not...more

Miller Starr Regalia

Fourth District Affirms Judgment Upholding City’s Use of CEQA Guidelines’ Historical Resource (Class 31) Exemption To Approve...

Miller Starr Regalia on

In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying a CEQA writ petition challenging the...more

DRI

[Event] Construction Law Seminar - January 17th - 19th, Phoenix, AZ

DRI on

​​​​​​​The future is upon us. Construction professionals face new challenges at every stage of the build. The race for alternative energy has changed not just how we build but what powers the build. Traditional building...more

Miller Starr Regalia

First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights...

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In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions...more

DarrowEverett LLP

Key Questions When Determining Eligibility for State Historic Tax Credits

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Real estate developers have long had ample reasons to take on projects involving historic buildings, courtesy of Section 47 of the Internal Revenue Code of 1986. As amended, Section 47 (the “Code”) provides for a...more

Hogan Lovells

Dividing opinion: UK Secretary of State refuses M&S Oxford Street scheme against Inspector’s advice

Hogan Lovells on

Last week saw the Secretary of State’s much anticipated call-in decision on the proposals by Marks and Spencer to demolish and rebuild its flagship store at the Marble Arch end of Oxford Street, London. Against the...more

Perkins Coie

Compensatory Mitigation Infeasible for Loss of Historic Building

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The Court of Appeal upheld the City’s determination that compensatory mitigation for the loss of a historic building in the form of funding of other historic preservation was not feasible because there were no other buildings...more

Pillsbury Winthrop Shaw Pittman LLP

California Rolls Out Offshore Wind Permitting Roadmap

California has tremendous offshore wind resources and ambitious offshore power goals, but the uncertain rules and regimes for development have delayed implementation of projects. The California Energy Commission (CEC)...more

Miller Starr Regalia

Historical Correction? Second District Holds City’s Policy Decision To Remove And Relocate “Offensive” Statue That Was Replica of...

Miller Starr Regalia on

In an opinion filed May 12, and later certified for publication on June 8, 2023, the Second District Court of Appeal (Div. 6) upheld the City of San Buenaventura’s decision to remove a bronze statue of Father Junipero Serra...more

Downey Brand LLP

Sixth District Upholds City’s Rejection of Proposed Compensatory Mitigation for Demolition of Historic Building

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The Sixth Appellate District, on May 10, 2023, published a decision in Preservation Action Council of San Jose v. City of San Jose (2023) __ Cal.App.5th __ upholding the City of San Jose’s certification of a final...more

Holland & Knight LLP

Pequeños mineros estarían exentos de tasa en materia de bienes arqueológicos en Colombia

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El texto definitivo aprobado en segundo debate en sesión plenaria del Senado del Proyecto de Ley No. 338/2023 (Cámara) y 274/2023 (Senado) por el cual se expide el Plan Nacional de Desarrollo (PND) 2022-2026 "Colombia...more

Downey Brand LLP

Design Changes to State Capitol Renovation Revealed in FEIR Did Not Adequately Allow for Public Input or Informed Decision-Making

Downey Brand LLP on

In Save Our Capitol! v. Department of General Services (Jan. 18, 2023, C096617, C096637) __Cal.App.5th__, the Third District Court of Appeal held that the Department of General Services violated CEQA when certain design...more

Goulston & Storrs PC

The Intersection of Historic Preservation and Urban Planning

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There are seventy historic districts in Washington, D.C., with local neighborhoods accounting for more than thirty of these designated areas. In addition to working to preserve some of Washington’s oldest and most historic...more

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