News & Analysis as of

Local Ordinance Permits

Cozen O'Connor

Broad Street Brief: Council Begins Center City Sixers Arena Repeal Process

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City Council Begins Repeal of Center City Sixers Arena Legislation - During Thursday’s meeting, the City Council initiated the repeal of legislation for the since-abandoned Center City Sixers arena project. The Council also...more

Womble Bond Dickinson

New Year Resolutions Triggered by Senate Bill 382

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After the North Carolina General Assembly overrode Governor Cooper’s veto of Senate Bill 382, which became Session Law 2024-57 (the “New Law”), we published a client alert describing the state-wide effect of the New Law....more

Perkins Coie

California Court Upholds CalGEM’s Use of CEQA Categorical Exemption for Approval of Oil Well Conversion Project

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A California Court of Appeal upheld the California Department of Conservation Geologic Energy Management Division’s determination that a project to convert a plugged oil well into a wastewater disposal well fit within the...more

Goulston & Storrs PC

Governor Healy Enacts Permit Extension Act of 2024: Boosting Development and Protecting Approvals

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On November 20, 2024, Governor Healy signed the Permit Extension Act of 2024 (the “PEA”) into law as part of the Mass Leads Act. Effective immediately, the PEA extends the term of a wide array of permits and approvals in...more

Ervin Cohen & Jessup LLP

LA Al Fresco Deadline Extended

On Tuesday, July 30, 2024, Los Angeles Mayor Karen Bass announced that the deadline for restaurant owners to apply for the city’s permanent Al Fresco program has been extended to December 31, 2024. This means that any...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

Ervin Cohen & Jessup LLP

After Pushback, LA Revises “Al Fresco” Dining Ordinance to Lower Cost and Streamline Approval Process

On April 7, 2023, the City of Los Angeles (the “City”) released a revised “LA Al Fresco Ordinance,” to govern outdoor dining. The City had previously released a February 2023 proposed ordinance that was met with intense...more

Beveridge & Diamond PC

Land Court Lacks Jurisdiction over Administrative Licensing Related to Zoning Appeal

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In Bask, Inc. v. Municipal Council of Taunton, 490 Mass. 312 (2022), the Massachusetts Supreme Judicial Court (SJC) addresses the limits of the equitable authority of the Massachusetts Land Court to “make such other decree as...more

Perkins Coie

Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR

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The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more

Farrell Fritz, P.C.

Second Department Annuls Local Planning Board’s Grant of Special Use Permit and Site Plan Approval

Farrell Fritz, P.C. on

In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert, Inc., d/b/a Ira Wickes, Arborist (“Wickes”), sought a special use permit and site plan approval to conduct...more

Allen Matkins

Court of Appeal Upholds Water Boards’ Analysis of Economic Considerations Regarding Los Angeles County MS4 Permit

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A regional water board is not required to estimate the compliance costs for individual permittees before issuing a permit. City of Duarte v. State Water Resources Control Board, 60 Cal. App. 5th 258 (2021)...more

Perkins Coie

Regional Water Quality Control Board Unlawfully Delegated Authority to Modify Effluent Limits Under Discharge Permit

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A California Court of Appeal invalidated a wastewater discharge permit issued by the Central Valley Regional Water Quality Control Board that the court found impermissibly delegated to the Board’s executive officer the...more

Ervin Cohen & Jessup LLP

City Moves to Make L.A. Al Fresco Program Permanent

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After the success and positive feedback for its “L.A. Al Fresco” program from customers and restaurant owners, the Los Angeles City Council is moving to make the initiative permanent. The L.A. Al Fresco Program was first...more

Perkins Coie

County’s Blanket Classification of All Well Permits As Ministerial Under CEQA Was Improper

Perkins Coie on

Where a county ordinance allowed for exercise of discretion in some circumstances regarding issuance of well construction permits, such permits could not categorically be classified as ministerial and hence exempt from CEQA...more

Williams Mullen

Court Holds Local NIMBY Ordinance Preempted by State Law

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The “not in my back yard” (NIMBY) doctrine taking hold across the United States was recently dealt a setback in South Carolina. The United States District Court for the District of South Carolina, Florence Division, recently...more

Best Best & Krieger LLP

Determining a “Super Majority” When Council Members are Missing

California Appellate Court Looks to Local Ordinance’s Intention for Determination - In determining what makes a “super majority” of a governing body, a California appellate court said the entire number of seats on the body...more

Downey Brand LLP

California Supreme Court Set to Review Companion Groundwater Cases and Resolve When County-Issued Well Permits May Be Treated As...

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After a long drought, the California Supreme Court at its November 14, 2018 conference voted unanimously to grant review of three decisions involving the question of whether well permits issued pursuant to county ordinances...more

Flaster Greenberg PC

Marcellus Shale Update: Pipelines and Politics

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The tortured story of the Mariner East 2 Pipeline construction may be coming to an end. If so, it will end the way it began, mired in controversy and inconsistent with what had been proposed and promised by the developers....more

Best Best & Krieger LLP

California Cooks Up Sidewalk Vendor Law - SB946 Limits Cities’ Abilities to Regulate

Legislation signed last week by Gov. Jerry Brown limits California cities’ abilities to regulate street vending. Notably, Senate Bill 946 prohibits all criminal penalties for sidewalk vending violations and allows anyone...more

Fox Rothschild LLP

Applicants Beware Of Timelines On Zoning Decisions

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In many cases, a Zoning Hearing Board will impose certain conditions on the grant of a variance or special exception. A condition of such approval could include a time limit as to when the applicant is required to obtain all...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018 #3

Study Finds No Evidence of Groundwater Contamination Attributable to Natural Gas Development - "A multi-year study conducted by researchers at the University of Cincinnati, and partly funded by organizations opposed to...more

Sheppard Mullin Richter & Hampton LLP

Court Enjoins Milwaukee Over AR Location-based Game Ordinance

A U.S. District Court Judge issued a preliminary injunction against enforcing a Milwaukee county ordinance requiring a permit before implementing certain AR location-based games. As we previously reported, Candy Lab AR,...more

Tonkon Torp LLP

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

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Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Holland & Knight LLP

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

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In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

Sheppard Mullin Richter & Hampton LLP

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before...more

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