News & Analysis as of

Permits State and Local Government

Foley Hoag LLP - Energy & Climate Counsel

On the Front Burner: Energy Permitting Reform

Energy permitting reform is one of the hottest topics in Congress and state houses nationwide. Federal legislation is building momentum, while parallel efforts at streamlining energy approvals have also emerged at the state...more

Williams Mullen

North Carolina ABC Omnibus Bill 2024 Becomes Law

Williams Mullen on

The North Carolina General Assembly passed the ABC Omnibus bill, Senate Bill 527, and it was signed into law by Governor Cooper on Monday, July 8, 2024. Most of the provisions of the bill go into effect immediately. The bill...more

Foley Hoag LLP - Environmental Law

Massachusetts Launches Cumulative Impact Analysis Regulations for Air Quality Permits Near Environmental Justice Populations

Massachusetts has become the first state to require analysis of cumulative impacts for certain air quality permits in or near communities with environmental justice (EJ) populations. On March 29, 2024, the Massachusetts...more

Davis Wright Tremaine LLP

Interstate 5 Bridge Replacement Project Becoming a Reality

The project to replace the Interstate 5 bridge between Portland, Oregon, and Vancouver, Washington, is becoming more reality than dream. For those who have traveled that stretch of I-5, or moved goods from the Ports or...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

Holland & Knight LLP on

The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Pierce Atwood LLP

DEP Proposes Substantive Changes to Administrative Rules

Pierce Atwood LLP on

The Maine Department of Environmental Protection (DEP) has proposed sweeping and substantive changes to its Chapter 2 rules, which govern permit applications, appeals, permit modifications and suspensions, and other...more

Spilman Thomas & Battle, PLLC

Bring on the Sun!  Licensing and Permitting for Contractors Installing Solar Panel Systems in NC

With the growing emphasis of the use of renewables to reduce the carbon footprint of homes and buildings and tax incentives, there has been a proliferation of solar companies to meet the ever-growing demand for solar energy....more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

Sullivan & Worcester on

Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more

Allen Matkins

AB 2234 – Mandatory Timeframes for Issuance of Post- Entitlement Permits

Allen Matkins on

In September of 2022, Governor Newsom signed AB 2234 (Rivas, R.), which establishes mandatory timeframes for local agencies to issue post-entitlement permits, and represents another step in the Legislature’s continued efforts...more

Foley Hoag LLP - Energy & Climate Counsel

Healey-Driscoll Administration Launches Two Commissions to Accelerate Clean Energy Development

It’s a well-worn cliché that siting clean energy projects in Massachusetts is difficult. The statutes, regulations, and permitting processes intended to protect the Commonwealth’s environment and communities can also slow...more

(ACOEL) | American College of Environmental...

Tackling the Zombies

What can a frustrated state legislator do when the agency implementing the Clean Water Act fails to renew expired permits or sanction major violators? Legislation recently adopted by Maryland provides some innovative answers....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, April 2023

What Employers Can Do When a Union Knocks on Their Door - When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more

Sullivan & Worcester

Zoning and Development Newsletter - March 2023

Sullivan & Worcester on

Sullivan is pleased to release the first issue of its Zoning and Development Newsletter, a collaboration between members of our Permitting & Land Use Practice Group and the Litigation Department, in order to provide our...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? What's Up Dock?

Dear YouDig?, We bought a gorgeous waterfront lot on the shores of Lake Erie near the adventurous Lake Erie Islands. We love being on the water and we love boating so naturally we wanted our own dock and breakwall. Turns...more

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

Washington County Open-Cut Mining Facility: Arkansas Department of Energy & Environment - Division of Environmental Quality Motion...

As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more

Foley Hoag LLP - Environmental Law

MassDEP Proposes Cumulative Impact Analysis Regulations — It’s About to Get Interesting.

After more than a year of work, MassDEP has proposed regulations that would require applicants to perform cumulative impact analysis prior to issuance of certain air emissions permits.  The regulations were required by the...more

WilmerHale

EPA’s New Office and Environmental Justice Guidance: Implications for Project Permitting and Beyond

WilmerHale on

Recent actions by the US Environmental Protection Agency (EPA) aim to institutionalize environmental justice as a key agency function and support development of tools, guidance and policies to advance it. A newly formed...more

Woods Rogers

U.S. Army Corps Reissues Virginia Statewide Permits, but Excludes Mining Activities

Woods Rogers on

The Norfolk District of the U.S. Army Corp of Engineers (“Corps”), in coordination with the Virginia Department of Environmental Quality (“VDEQ”), is proposing two Virginia State Programmatic General Permits (“SPGP”)...more

Kelley Drye & Warren LLP

TCEQ Responds to Environmental Justice Concerns by Expanding Permit Requirements Designed to Enhance

The Texas Commission on Environmental Quality (“TCEQ”) has issued new rules that require many air, water rights, and water quality permit applications to provide alternative language translations of public notices and...more

Perkins Coie

Claims Against State Board and Regional Water Boards for Failure to Protect Against Agricultural Water Pollution Were Not Subject...

Perkins Coie on

The court of appeal held that, in an action against the State Water Resources Control Board and regional water quality control boards for violations of the State Board’s Nonpoint Source (NPS) Policy and the public trust...more

Foley Hoag LLP - Cannabis and the Law

Commission Announces New Steps Forward to Advance Cannabis Research in the Commonwealth

The Cannabis Control Commission announced in an August bulletin that it will begin reviewing all Marijuana Research Facility license applications previously submitted to the Commission. A Research Facility license allows...more

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

SSO/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Tuckerman (“Tuckerman”) entered into a June 24th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Williams Mullen

Top Five Potential Air Permitting Reforms: How Air Permitting in Virginia Is Poised for Change

Williams Mullen on

The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more

Foley Hoag LLP - Energy & Climate Counsel

Local Communities and Environmental Groups Bring Challenge to the New York State Office of Renewable Energy Siting’s Regulations...

On June 29, 2021, a cohort of New York local governments (including many where large-scale solar projects are currently proposed), community organizations, and avian interest groups filed a lawsuit in the New York State...more

Pierce Atwood LLP

Real Estate Permitting Update: Massachusetts

Pierce Atwood LLP on

On June 15, 2021, the state of emergency enacted by Massachusetts Governor Charlie Baker on March 10, 2020 expired. During the state of emergency, state and local permits were extended and certain provisions of the Open...more

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