Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in...more
The Baltimore, Maryland City Council has enacted a bill that would ban “gas-powered debris removal equipment”. See Council Bill 23-0367. The Baltimore Mayor is expected to sign the bill....more
So-called “social noise”—i.e., noise created by human voices—is not an environmental impact required by the California Environmental Quality Act (“CEQA”) to be analyzed for residential projects, the California Supreme Court...more
This article summarizes some of the most significant amendments to the California Environmental Quality Act (CEQA) that were enacted in 2023. Some housing laws that relate to CEQA are discussed in the article, “Recently...more
Fairfax County is in the process of amending its Zoning Ordinance provisions pertaining to data centers in response to the increasing presence of such facilities within the region....more
In the UAE, community living is a common lifestyle choice, encouraging a sense of togetherness and shared experiences. However, this closeness to neighbors can sometimes lead to challenges, especially concerning the...more
The Ninth Circuit upheld the Federal Aviation Administration’s decision to study only the project and the no action alternative in an EIS for a new passenger terminal. However, the court found the FAA violated NEPA by failing...more
The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents...more
On New Year’s Eve, New York Governor Kathy Hochul signed New York’s “Cumulative Impacts” bill into law, making New York the second state in the nation to require assessment of “cumulative impacts” affecting certain...more
Der BGH beschäftigte sich mit der Frage, wann eine "wiederkehrende Leistung" im Sinne des § 1105 Abs. 1 BGB vorliegt, die Gegenstand einer Reallast sein kann. Ausgangsfall war die Vereinbarung zweier Grundstücksnachbarn über...more
I used to think that noise was something that grumpy old men complained about. Then I became a grumpy old man. And now I realize that noise really is a pollutant. And so I was pleased to see The Effects of Noise on Health. ...more
Fairfax County planners recently released a staff report that recommends changes to decades-old noise policies. Among other things, as proposed, new residential uses could be considered in the 60 and 65 day-night average...more
Last week, Undefined Technologies (UT) a startup drone company based in Miami, Florida, successfully completed a test flight, powered by ion propulsion, that demonstrated significant increases in lifting power and mission...more
Unlike light, noise is a long distance traveler and can go astonishing distances through the water. In 1943, the sound fixing and ranging (SOFAR) channel, a horizontal layer of water in the ocean at which depth the speed of...more
BANG! Yaphank, New York. In November 2019, after years of protracted ligation, Hunter Sports Shooting Grounds, Inc., (“HSSG”) the operator of the Suffolk County Skeet, Trap & Sporting Clays Range (“Range”), was dealt another...more
On May 22, 2019, the Dallas City Council passed an ordinance that places new requirements on contractors working in the public right-of-way. The ordinance seeks to address concerns of pedestrians and vehicular traffic when...more
As the offshore wind industry begins to take off, environmental impacts remain key concerns - The development of offshore wind projects in the US has been hindered by environmental opposition to their visual effects,...more
A global leader in offshore wind power capacity, the UK has seen rapid expansion in the sector. Government policy and strong investor interest have resulted in robust growth in the development of offshore wind farms in the...more
Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more
CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued May 1, 2018, Jensen v. City of Santa Rosa, Case. No. SCV255347, the California Court of Appeal affirmed the trial...more
Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal....more
CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California...more
With Spring comes the emergence of many things, including reopening of decks, porches, sidewalk cafés, patios and other outdoor seating options. It’s a lovely idea to have music or other entertainment in these areas, whether...more