News & Analysis as of

Wetlands State and Local Government

Bond Schoeneck & King PLLC

NYSDEC Seeks Feedback on the Part 664 Freshwater Wetland Regulations

In January 2024, New York State Department of Environmental Conservation (DEC) released an Advanced Notice of Proposed Rulemaking (ANPR), which sought written stakeholder input as DEC began to develop regulations to, at least...more

Allen Matkins

California Environmental Law & Policy Update 4.26.24

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The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

Allen Matkins

California Environmental Law & Policy Update 9.08.23

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With California facing a hotter and drier future punctuated by bouts of extreme weather, state officials are moving forward with a new framework for urban water use that could require some suppliers to make cuts of 20% or...more

Sullivan & Worcester

Zoning and Development Newsletter - July 2023

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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

California Environmental Law & Policy Update - 6.30.23

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Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce...more

Allen Matkins

California Environmental Law & Policy Update - 5.12.23 - # 2

Allen Matkins on

The Biden administration proposed new regulations this Thursday that, if enacted, would aggressively limit greenhouse gas emissions from power plants. The move stands to force major changes in the energy sector and is likely...more

Allen Matkins

California Environmental Law & Policy Update - 4.21.23 #3

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) is considering expanding the number of per- and polyfluoroalklyl substances (PFAS) compounds classified as “hazardous substances” under the Comprehensive Environmental Response,...more

Perkins Coie

33rd Annual Land Use & Development Law Briefing - 2023

Perkins Coie on

Land Use and Development Case Summaries 2023 Land Use and Development Law Briefing (Short Form) 1. Planning And Zoning - OLD EAST DAVIS NEIGHBORHOOD ASSOCIATION V. CITY OF DAVIS 73 Cal. App. 5th 895 (2022) The court...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

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On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...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

Perkins Coie

No Further Environmental Review Needed for Subdivision That Was Consistent with Approved Specific Plan

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The Court of Appeal found that a development project that was consistent with a previously approved specific plan was not required to prepare a new EIR because no changes significantly increased impacts on endangered species....more

Williams Mullen

Revised Tidal Wetlands Guidelines for Virginia: A New Mandate for Living Shoreline Use and Sea Level Rise Adaptation

Williams Mullen on

Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.”...more

Holland & Knight LLP

MEPA Office Issues Revised Protocols on Climate Change and Environmental Justice: Massachusetts Climate Change Adaptation...

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After reviewing and responding to initial public comments, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) has issued its revised draft Massachusetts Environmental Policy Act (MEPA) Interim...more

Woods Rogers

2021 Virginia General Assembly Session Highlights Energy and Environmental Issues

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Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection...more

Faegre Drinker Biddle & Reath LLP

Indiana Repeals State Wetlands Law

In April 2021, Governor Eric Holcomb signed S.B. 389, repealing the majority of Indiana’s state-regulated wetlands law. The repeal was met with bipartisan opposition, arguing that reduced wetland regulation may negatively...more

Holland & Knight LLP

Massachusetts Climate Change Adaptation Initiatives: What Real Estate Professionals Should Know

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While much attention has been paid to the ambitious climate change mitigation requirements in "An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy," the comprehensive climate change legislation recently...more

Farrell Fritz, P.C.

Second Department Upholds Town’s Determination Allowing Property Owners to Build Hot Tub in Wetland Buffer

Farrell Fritz, P.C. on

In Matter of Bernstein v Putnam Val. Zoning Bd. of Appeals, property owners sought to construct a hot tub on their residential property, located in a protected area known as a wetland buffer.  The Wetlands Inspector for the...more

Kramer Levin Naftalis & Frankel LLP

NYC CPC Certifies Zoning for Coastal Flood Resiliency Proposal for Public Review

On Oct. 19, 2020, the City Planning Commission certified for public review a proposed citywide text amendment known as Zoning for Coastal Flood Resiliency (ZCFR). The proposal seeks to update and make permanent those zoning...more

Nossaman LLP

[Webinar] WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S. - July 16th, 1:00...

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In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more

Nossaman LLP

[Webinar] WOTS Up? An Update Regarding Regulation of Waters of the State (WOTS) and Waters of the United States (WOTUS) - June...

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This complimentary 60-minute webinar is focused on the State Water Resources Control Board's recently adopted State Wetlands Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, with a...more

Alston & Bird

California Issues Expansive “Wetland” Regulations as Federal Agencies Work to Narrow Clean Water Act Jurisdiction

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California’s water board may be providing clarity with its new regulations defining wetlands in the state, but it’s also providing greater permitting burdens and costs. ...more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Farrell Fritz, P.C.

The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

Farrell Fritz, P.C. on

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

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A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Seyfarth Shaw LLP

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

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Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

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