News & Analysis as of

Land Developers

Greentree Reservoir (Ouachita County, Arkansas)/404 Permit Application: U.S. Army Corps of Engineers (Vicksburg District) Public...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita...more

Is Change Finally Coming to Portland's Centennial Mills Site?

by Tonkon Torp LLP on

A San Antonio, Texas real estate development company, The Lynd Company, is at the top of a list of proposals to finally develop the 4.4-acre Centennial Mills site located along the western side of the Willamette River just...more

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

New York City Set to Take Another Step to Limit New Hotels and Motels - Proposal Would Require Special Permits for New or...

by Holland & Knight LLP on

• New York City's City Planning Commission (CPC) is expected to officially propose in the next few weeks an amendment to the City's Zoning Resolution to require that most new hotels and motels in light manufacturing districts...more

Revision to Delegation of Authority/Clean Water Act Section 404 Permitting: March 30th U.S. Environmental Protection Agency...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

by Farrell Fritz, P.C. on

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Into The Belly Of The Beast

by Cozen O'Connor on

On the night of March 20th, 2018, I unwittingly walked into hostile territory – the DC Council chamber during the epic 13-hour public hearing on the proposed amendments to the Framework Element of the District’s Comprehensive...more

Court Gives Green Light to Referendum of Ordinance Adopted to Conform Zoning With General Plan

by Perkins Coie on

A referendum requiring either the rejection of an enacted zoning ordinance or submission to the voters that would leave in place zoning inconsistent with a general plan does not violate Gov’t Code Section 65860, according to...more

Land Use Matters: Alston & Bird LLP, March/April 2018

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Albuquerque Town Hall Scheduled to Discuss Oil and Gas Drilling

by Snell & Wilmer on

For the second year in a row, New Mexico has surpassed its previous record for oil and gas production. The uptick in operations means increased jobs, a boost to the state’s economy and the availability of additional funds for...more

City’s Bifurcated Procedure For Appealing Approval of Entitlements Separately From CEQA Determinations Upheld

by Perkins Coie on

The Fourth District Court of Appeal upheld a mitigated negative declaration where the project opponent correctly appealed the approval of entitlements but failed to properly appeal the CEQA determination under the City of San...more

Wetland Mitigation Banks: National Trade Associations' March 12th Comments on U.S. Army Corps of Engineers (Fort Worth District)...

A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more

California Court of Appeal Rejects Challenge to Water Right Permit and License Fee

by Holland & Knight LLP on

• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more

Cities and Developers Must Prepare for Climate Change Now

On February 12, 2018, President Donald Trump released his fiscal year 2019 budget proposal entitled “An American Budget.” Though Congress will not implement the proposal in its entirety, it still demonstrates what the Trump...more

US Solar Structures: Cash Equity Considerations

The solar financing market is maturing. You can tell because new money is crowding into the market, and the capital stacks are getting more complicated. Many of these funky structures even have names, like the “Double...more

Brownfields: U.S. Environmental Protection Agency March 15th Federal Register Notice Regarding Supplemental Funding/Revolving Loan...

The United States Environmental Protection Agency (“EPA”) published a March 15th Federal Register notice regarding the availability of supplemental funds for the Revolving Loan Fund (“RLF”) capitalization...more

California Legislation Guide for Developers

Last fall, Governor Jerry Brown signed into law a package of 15 bills in response to the state’s housing shortage and affordability crisis. These bills came into effect on January 1st, 2018. The bills have important...more

Superfund/Applicable, or Relevant and Appropriate Requirements: Association of State and Territorial Solid Waste Management...

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) has published a position paper titled: State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation...more

West Virginia Legislature Passes Cotenancy Modernization and Majority Protection Act

by Steptoe & Johnson PLLC on

On March 5, 2018, the West Virginia Legislature completed legislative action on and passed House Bill 4268, known as the Cotenancy Modernization and Majority Protection Act. The bill will now be delivered to the Governor’s...more

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

by Steptoe & Johnson PLLC on

As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more

Tenth Circuit Takes Expansive View of the Definition of the Term “Mining,” Holding Wind Farm Project Needs Permit Prior to...

United States of America v. Osage Wind, LLC et al., 871 F.3d 1078 2017 WL 4109940 (10th Cir. Sept. 18, 2017). Causing heartburn for project applicants developing on tribal land, the Tenth Circuit reversed the District Court...more

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Florida State of Emergency for Zika Virus Has Terminated - Deadline for Extension of Development Permits Nears

by Holland & Knight LLP on

After the issuance of various extensions, the Zika virus state of emergency declared by Florida Gov. Rick Scott has terminated after the governor did not renew the Executive Order. However, holders of certain development...more

Grandfathering and Continuing Nonconformities in North Carolina

by Womble Bond Dickinson on

Last time, we introduced you to the concept of nonconformity laws in North Carolina. This time, we’ll spend some energy discussing the most common (and legally charged) aspect of nonconformity laws: how local laws restrict...more

British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements

by Bennett Jones LLP on

The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more

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