News & Analysis as of

Land-Use Permits

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

Submerged Lands/Zoning: Federal Appellate Court Addresses Whether Taking Claim is for Ripe Review

Co-Author Abigail Lindsey The United States Court of Appeals for the Eleventh Circuit addressed in an October 16th Opinion whether an alleged taking by a city was ripe for judicial review. See Fane Lozman v. City of Riviera...more

Flaster Greenberg PC

What You Need to Know About Your New Jersey Municipality’s Zoning & Land Use Laws

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Before starting a real estate or land development project at your South Jersey home or business location, it is essential to understand the basics of municipality land use laws. In New Jersey, every municipality is...more

Pierce Atwood LLP

Mass. Appeals Court declares winner in longstanding land-use dispute between Northeastern University and Town of Nahant

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The Nahant Preservation Trust, the town of Nahant, and certain Nahant residents have suffered another loss in their years-long legal battle to stop Northeastern University from expanding its Marine Science Center, located on...more

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

Verification of Land-Use Controls at RCRA Corrective Action Facilities: U.S. EPA Office of Inspector General Report

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) has issued a report titled: The EPA Needs to Improve the Verification of Land-Use Controls at Resource Conservation and Recovery Act...more

BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

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There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

Sullivan & Worcester

Sullivan Files Amicus Brief on Behalf of NAIOP Massachusetts

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Sullivan was pleased to file an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton. The case involves the Town’s...more

Houston Harbaugh, P.C.

Pennsylvania Supreme Court Determines That Zoning Officer Had Authority to Issue Zoning Use Permit, but the Practical Application...

In a July 17, 2024 Opinion, the Pennsylvania Supreme Court decided in AUUE, Inc. v. Borough of Jefferson Hills Zoning Hearing Board, No. 28 WAP 2022, ___ A.3d ___ (Pa. 2024), that the Pennsylvania Municipalities Planning Code...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds That the Eighth Amendment Does Not Prevent Enforcement of Local Camping Bans, Authorizing a Significant Shift...

Until recently, local policies on homelessness have been guided by two controversial rulings from the Ninth Circuit Court of Appeals: Martin v. Boise (9th Cir. 2019) 920 F.3d 584 and Johnson v. City of Grants Pass (9th Cir....more

Harris Beach PLLC

Long Island Central Pine Barrens Land Use Plan Takes Effect July 19

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On Friday, July 19, 2024, the updated Central Pine Barrens Comprehensive Land Use Plan (CLUP) goes into effect. The Central Pine Barrens Commission (Commission) adopted certain revisions to Articles IV–VI of the CLUP in April...more

Otten Johnson Robinson Neff + Ragonetti PC

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law.  This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of...more

Harris Beach PLLC

NY Considers Faith-Based Affordable Housing Act to Address Housing Shortage

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The Housing Construction and Community Development Committee is currently considering the Faith-Based Affordable Housing Act (the “Act”), a new law allowing religious corporations or certain religious nonprofit corporations...more

Bennett Jones LLP

Ore-derly Conduct: Bill 63's Amendments to the Mining Act and Other Provisions

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Bill 63, introduced by Minister Maïté Blanchette Vézina of Natural Resources and Forestry, proposes significant changes to Quebec's Mining Act. These changes aim to modernize mining legislation in line with current...more

Dorsey & Whitney LLP

Minnesota Energy Infrastructure Permitting Reform

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Governor Tim Walz recently signed the Minnesota Energy Infrastructure Permitting Act and amendments to the certificate of need requirements (Permitting Act). The Permitting Act includes significant reforms to streamline...more

Bricker Graydon LLP

New Ohio Power Siting Board Rules: Effective May 30, 2024

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On July 20, 2023, the Ohio Power Siting Board (Board or OPSB) issued its determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order...more

Holland & Knight LLP

Permit Conditions and Impact Fees Subject of Recent U.S. Supreme Court Decision

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The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more

Allen Matkins

Court of Appeal Upholds Transit-Oriented Development Surrounding Los Angeles’ Expo Line - 2024 Land Use, Environmental & Natural...

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California’s Second District Court of Appeal upheld the City of Los Angeles’s legislative actions related to the Metro Exposition Light Rail Transit Line (commonly known as the Expo Line) in a February 2024 ruling that...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

Polsinelli on

In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Womble Bond Dickinson

Tribal Consultation and Permitting Reform

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As discussed throughout this series, mine permitting in the United States is a complicated process. The permitting authorities are a mix of state and federal agencies, and that mix varies depending on where the mine is...more

Bennett Jones LLP

Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

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In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,...more

Womble Bond Dickinson

Accelerating EU Mineral Permitting: The Critical Raw Materials Act

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In the latest article from our Striking the Balance: Permitting Reforms for Mining and the Energy Transition series, we explore the EU’s recent efforts to streamline the mine permitting process via the Critical Raw Materials...more

Perkins Coie

Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny 

Perkins Coie on

In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings...more

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sheetz v. El Dorado County

On April 12, 2024, the United States Supreme Court decided Sheetz v. El Dorado County, No. 22-1074, holding that the Takings Clause “does not distinguish between legislative and administrative permit conditions,” but instead...more

Bennett Jones LLP

Pathways to Prosperity: Exploring Indigenous Participation in Major Energy Projects

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On February 15, 2024, Bennett Jones' Calgary office welcomed nearly 80 project stakeholders and industry leaders—with hundreds more tuning in online—to talk about Synergy in Energy: Building Effective Indigenous Partnerships....more

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