News & Analysis as of

Infrastructure Right of Way

Holland & Hart LLP

FWS Updates Right-of-Way Regulations for National Wildlife Refuge Lands

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On December 11, 2024, the Department of the Interior’s Fish and Wildlife Service revised its regulations covering rights-of-way across National Wildlife Refuges and other Service-administered lands.  The revised regulations...more

Lippes Mathias LLP

Federal Energy Regulatory Commission Imposes New Requirements on Transmission Line Siting Applicants Seeking Rights of Way on...

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On October 17, 2024, the Federal Energy Regulatory Commission (FERC) took final action on Order No. 1977, which requires applicants seeking rights of way for electric transmission lines on Tribal lands to include Tribal...more

Sheppard Mullin Richter & Hampton LLP

Westside Mobility Plan Clears the Road of CEQA Challenges

In Westside Los Angeles Neighbors Network v. City of Los Angeles, the Second District Court of Appeals considered and upheld the City of Los Angeles’s (“City”) actions associated with the approval of the Westside Mobility...more

Stinson LLP

Bureau of Land Management Rules Signify Shift Toward Conservation

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The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...more

Nossaman LLP

Presentation at Right of Way Consultant’s Council Membership Meeting in Las Vegas

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The Right of Way Consultant’s Council Membership Meeting took place in Downtown Las Vegas on November 3, 2023.  Having previously presented an eminent domain topic at the 2022 Membership Meeting, Steven Silva from Nossaman’s...more

Nossaman LLP

Right of Way 101

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This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

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The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Best Best & Krieger LLP

FCC Adopts Rules that Could Impact Concealment of Wireless Infrastructure

How Communities Can Respond - The FCC adopted a Declaratory Ruling and Notice of Proposed Rulemaking ("Order" and "NPRM," respectively) related to Section 6409 modification requests (eligible facilities requests) on June...more

Nossaman LLP

Navigating COVID-19 for the Right of Way Industry

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COVID-19 has undoubtedly upended the world, including the way we do business and the future of our economy. While our focus should continue to be on the health and safety of our families, friends, and communities, many in the...more

Nossaman LLP

[Webinar] Navigating COVID-19 for the Right of Way Industry - April 1st, 1:00 pm - 2:00 pm PT

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Please join our Eminent Domain & Valuation Group for a special webinar on “Navigating COVID-19 for the Right of Way Industry” on April 1, 2020. While COVID-19 has undoubtedly upended the world, many in the right of way...more

Morgan Lewis

FERC Order Authorizing Pipeline Developers to Seize State-Owned Land

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A declaratory order issued by the Federal Energy Regulatory Commission (the Commission) on January 30 in Docket No. RP20-41-000 grants pipeline developers greater certainty in planning and siting construction. The order was...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Incommodes Wireless Access to Rights of Way

Amidst the ongoing power struggle between communications service providers striving for unfettered access to rights-of-way to place their facilities, and municipalities working to protect their authority over such...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

Allen Matkins

California Supreme Court Upholds Validity of Local Aesthetic Regulation of Telecommunications Infrastructure

Allen Matkins on

Local governments may require a permit conditioned on compatibility with aesthetic standards to install and maintain wireless communications infrastructure in the public right-of-way, the California Supreme Court held in...more

Farrell Fritz, P.C.

New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

Farrell Fritz, P.C. on

On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling and Order”) enacting significant regulatory changes that will impact local...more

Best Best & Krieger LLP

CPUC Rulemaking Opens Door to Revisit Impacts of Wireless in Public Rights of Way - Local Governments Should Respond by May 3

The California Public Utilities Commission just opened a proceeding that may redefine the rights of wireless providers and wireless infrastructure providers to use utility poles and public rights of way. In addition, the CPUC...more

Best Best & Krieger LLP

Property Acquisition: Five Signs of Trouble Ahead

As much as public agencies want infrastructure projects to go smoothly, they rarely do. Even when a project is seemingly rolling along through right of way acquisition, there are still hurdles that inevitably impact budgets...more

Nossaman LLP

New Alternative for Widening 55 Freeway Reduces Right-of-Way Impacts

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For years, we’ve been working with our public agency clients during the environmental and design-phase to minimize right-of-way impacts with new infrastructure projects. Yet for many agencies, property acquisitions are an...more

Nossaman LLP

New Right-of-Way Regulations on Indian Lands

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Every once in a while, infrastructure projects we’re working on involve traversing Indian lands. For those of you involved in such projects, you should take a look at the Final Rule published by the Department of the...more

Kelley Drye & Warren LLP

Bureau of Indian Affairs New Rights-of-Way Rules Provide Clarity and Certainty to Communications Providers

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With both Congress and the Administration focused on streamlining federal permitting and promoting Dig Once policies, the Department of Interior’s Bureau of Indian Affairs (BIA) published updated rules for access to...more

Nossaman LLP

IRWA Professionals Keenly Interested in Design-Build Issues

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Identifying and allocating the risks associated with right-of-way acquisition in design-build projects was a hot topic for the standing-room only crowd at last week’s annual Education Conference of the International Right of...more

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