News & Analysis as of

Infrastructure Appeals

Mintz

Next week the 1st Circuit Court of Appeals will hear from opponents of the Vineyard Wind project and that brings to mind Irwin M....

Mintz on

On March 5th, three Judges of the First Circuit Court of Appeals will hear from lawyers for residents of Nantucket who sued to stop the Vineyard Wind project, the first utility-scale offshore wind energy project in in the...more

Seward & Kissel LLP

Blades are Spinning at America’s First Large-Scale Offshore Wind Farm

Seward & Kissel LLP on

The nation’s first large-scale offshore wind farm started spinning its blades on January 2nd. The wind project, known as Vineyard Wind 1, began operations near Martha’s Vineyard 15 miles off the coast of Massachusetts,...more

McDermott Will & Emery

Bulletin Concurrence VIII - Paris │ AVRIL ● MAI ● JUIN 2023

McDermott Will & Emery on

1. CONTENTIEUX - PUBLICITÉ EN LIGNE : MESURES CONSERVATOIRES IMPOSÉES À META - Par une décision du 4 mai 2023, l’Autorité de la concurrence (ci-après l’ « Autorité ») a prononcé des mesures conservatoires à l’encontre...more

Mintz

Vineyard Wind has almost succeeded in ending one of the three NIMBY lawsuits against it but that's beside the point.

Mintz on

ACK Rat's attempt to kill the Vineyard Wind project came closer to an unsuccessful end this week when Federal Judge Talwani granted a motion for summary judgment against ACK Rat and its founder that will end the case unless...more

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

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Arkansas/Missouri/Iowa Attorney Generals...

The Arkansas, Missouri, and Iowa Attorney Generals (collectively “Arkansas AG”) filed on April 17th a Petition for Review (“Petition”) in the Federal Eighth Circuit Court of Appeals addressing a March 3rd Memorandum issued by...more

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

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Addresses Preemption Issue

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more

Flaster Greenberg PC

Berkeley, California Ban on Natural Gas Infrastructure Struck Down

Flaster Greenberg PC on

Earlier this week, the Ninth Circuit Court of Appeals handed down a very important ruling concerning the regulation of the use of both natural gas and appliances that use natural gas. In California Restaurant Association...more

Patton Sullivan Brodehl LLP

Local Government Agencies Can Be “Alter Egos” Too

...Normally, a court will treat a business entity and its liabilities as separate and distinct from its owners. The alter ego doctrine allows the corporate veil to be pierced, and results in holding the owners liable for the...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

Foley & Lardner LLP

Eleventh Circuit Reminds Employers – Administrative Exemption Requires More than Just Exercising Discretion Over Significant...

Foley & Lardner LLP on

A recent case decided by the United States Court of Appeals for the Eleventh Circuit (covering Alabama, Georgia, and Florida) analyzed whether property damage investigators were appropriately classified as overtime-exempt...more

Foley Hoag LLP - Environmental Law

The Test For Injunctive Relief Was Not Developed By a Risk Assessor

Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more

Bowditch & Dewey

Massachusetts’ New Economic Relief Bill – What Enabling Partnerships for Growth Means for Local Zoning

Bowditch & Dewey on

On January 14, 2021, Governor Baker signed the Act Enabling Partnerships for Growth (the “Act”). Although Governor Baker vetoed specific parts of the Act, it includes a number of provisions that affect local zoning....more

Best Best & Krieger LLP

5G Infrastructure Decision Mixed for Local Governments

Ninth Circuit Takes on FCC Small Cell Orders - The U.S. Ninth Circuit Court of Appeals handed local governments some wins in a decision last week arising from the court’s consolidation of five appeals from three FCC 5G...more

White & Case LLP

Court of Appeal declares Heathrow expansion unlawful on climate change grounds

White & Case LLP on

In its recent decision in R. v Secretary of State for Transport, the Court of Appeal ruled that the UK Government had failed to take into account the commitments it made under the 2016 Paris Agreement on climate change when...more

Nossaman LLP

Rhode Island Driving for a Different Outcome in Federal Truck Toll Lawsuit

Nossaman LLP on

Rhode Island is trying to put the brakes on a federal lawsuit brought by the trucking industry that could steer the state’s truck toll system into a ditch.  The outcome could create speed bumps for transportation agencies...more

Carlton Fields

Surtax in Gridlock – The Saga of Hillsborough County’s Transportation Surtax Reaches the Florida Supreme Court

Carlton Fields on

Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Hogan Lovells

Court of Appeal confirms that telecoms operators can obtain Code rights to carry out site visits

Hogan Lovells on

A second case has been decided by the Court of Appeal under the 2017 Electronic Communications Code (the “Code“). The Court upheld the decision of the Upper Tribunal that an approved operator under the Code has a right to...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

Farrell Fritz, P.C. on

Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Pierce Atwood LLP

Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan

Pierce Atwood LLP on

In 2012, the City of Somerville, the Somerville Redevelopment Authority (SRA), and the Massachusetts Department of Housing and Community Development approved the Union Square Revitalization Plan (the Plan), an urban renewal...more

Pierce Atwood LLP

Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed

Pierce Atwood LLP on

Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. The Zoning Act is seldom amended, even though...more

Best Best & Krieger LLP

Irrigation District May Refuse Water Delivery to Rule Violators

Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers - An irrigation district may adopt and enforce reasonable rules related to water service, and may terminate water delivery for failure to...more

Best Best & Krieger LLP

Resolution Adopting New Water Rates Not Subject to Referendum - Calif. Court of Appeal Holds that Referendum Power Not Applicable...

A water agency’s resolution adopting new rates for its water service fees is not subject to referendum, a California Court of Appeal held Friday. The California Constitution’s grant of referendum power excludes local...more

Harris Beach PLLC

New Challenges in Asserting Qualified Immunity in Roadway Design Cases

Harris Beach PLLC on

The onset of spring weather can mean only one thing: We are heading into prime season for road construction. If you haven’t seen the cones and Jersey barriers yet, you will soon. The new construction season brings with it...more

Farrell Fritz, P.C.

Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built,...

Farrell Fritz, P.C. on

New York State Town Law § 277(9) authorizes a town Planning Board, to require a developer to provide a performance bond or other security covering the cost of installation of subdivision infrastructure and improvements in...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide