News & Analysis as of

Land-Use Permits

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

Jones Day

Elephant and Castle Town Centre Redevelopment: Compulsory Purchase Order Confirmed

Jones Day on

On 7 January 2025, an Inspector confirmed the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order (No.2) 2023 (the "CPO")....more

McGuireWoods LLP

Pending Virginia Site Plans, Special Permits and Special Exceptions to Expire July 1, 2025

McGuireWoods LLP on

For the first time since 2009, the Virginia General Assembly has not extended the validity periods for all approved site plans, special permits and special exceptions. Under Code of Virginia Section 15.2-2209.1:1, all valid...more

Bilzin Sumberg

City of Miami Approves New Administrative Site Plan Review (ASPR) Process and Extends Life of Special Permits

Bilzin Sumberg on

In an effort to streamline development approvals, the City of Miami has introduced a new Administrative Site Plan Review (ASPR) procedure to address projects that meet zoning requirements without requiring special permits....more

International Lawyers Network

Buying and Selling Real Estate in India (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate...more

Holland & Hart LLP

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

Holland & Hart LLP on

On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more

Womble Bond Dickinson

The North Carolina General Assembly's Partial Withdrawal of Zoning Authority Delegated to Local Governments

Womble Bond Dickinson on

Traditionally, “down-zoning” referred to changes in zoning that reduced the intensity of land use – such as a switch from commercial to residential zoning. As with any general district zoning effort, historically in North...more

International Lawyers Network

Buying and Selling Real Estate in Costa Rica (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COSTA RICAN LAW - General - Real estate law in Costa Rica is governed by the principles established in the Costa Rican Civil Code for acquiring, selling, and disposing of...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

Holland & Knight LLP on

In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Bodman

Michigan Court of Appeals Provides Clarification Related to a Municipality’s Grant or Denial of Special Land Use Permit...

Bodman on

The Michigan Court of Appeals recently provided clarification related to a municipality’s grant or denial of special land use permit applications. The case highlights the care municipal bodies must take to document their...more

Nutter McClennen & Fish LLP

Massachusetts Governor Signs Two-Year Permit Extension Act

On November 20, 2024, Governor Healey signed An Act Relative to Strengthening Massachusetts’ Economic Leadership, the “Mass Leads Act,” into law. The legislation includes a two-year Permit Extension Act along with several...more

Pierce Atwood LLP

Massachusetts Governor Signs Mass Leads Act Promoting Clean Energy

Pierce Atwood LLP on

Zoning and Permitting Changes and a New Soccer Stadium on the Horizon - On November 20, Massachusetts Governor Maura Healey signed The Mass Leads Act promoting a clean energy grid, advancing equity, and protecting...more

Perkins Coie

DC Circuit Rejects CEQ’s Rulemaking Authority

Perkins Coie on

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

Foley Hoag LLP - Energy & Climate Counsel

Massachusetts Legislature Finalizes Permit Extension Language – Get those permits now!

In some good news for the development community, the Massachusetts legislature has finalized language that would extend the validity of most municipal and state permits related to land development or the environment for a...more

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

Flaster Greenberg PC on

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

Pierce Atwood LLP on

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...

BakerHostetler on

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

Sullivan & Worcester on

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 Murtha PLLC

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

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 Murtha PLLC

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

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

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