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Articles Posted in Land Use

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The Increasing Popularity of Women’s Soccer Heralds a Surge in Investment Opportunities

This spring, the National Women’s Soccer League (NWSL), the top professional women’s soccer league in the United States, will kick off its eleventh season of play. It is by far the longest-enduring and most successful professional women’s soccer league in U.S. history, and appears poised for significant growth in its…

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A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights controversy involving sharing the water of the Pecos River. The 1949 Pecos River Compact provides for…

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A Court-Side Seat: Airing It Out in Weymouth, No Reasonable Exception for Mercury and “40 Pages of Very Complex Information”

Last week (June 1-7, 2020), the federal appellate courts released several important rulings. Town of Weymouth, et al. v. Massachusetts Department of Environmental Protection On June 3, 2020, the U.S. Court of Appeals decided the case involving the Atlantic Bridge LNG pipeline project which received FERC ‘s approval in July…

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Appalachian Trail Pipeline Case Argued before the Supreme Court

On February 24, 2020, the Supreme Court heard the oral arguments in the case of U.S. Forest Service, et al. v. Cowpasture River Preservation Association, et al. On December 13, 2018, the U.S. Court of Appeals for the Fourth Circuit held that the Forest Service was not authorized by the…

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With the Rise in Sea Levels, a Rise in “Soft” Coastal Resiliency Approaches

With estimates that sea levels could rise two to six feet over the next century, states are incorporating adaptation and coastal resiliency into their planning and permitting regimes. In “INSIGHT: States Shift From Seawalls to Living Shorelines,” colleagues Eric Moorman and Ashleigh Acevedo examine the different strategies being considered and…

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Tighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San Francisco

Ordinance 52-19 became effective in April 2019 and expands upon existing San Francisco Building Code registration requirements for “Vacant or Abandoned” “Commercial Storefronts.” A storefront becomes “Vacant or Abandoned” once it has been unoccupied for 30 days (among other earlier triggers for blighted or unsecured storefronts). A “Commercial Storefront” is…

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EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

On Tuesday, April 23, 2019, in a development of interest to practically anyone who operates a plant or business, EPA published its Interpretive Statement in the Federal Register. (See 84 FR 16810 (April 23, 2019).) After considering the thousands of comments it received in response to a February 20, 2018,…

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Updates to the CEQA Guidelines Have Been Finalized

The California Natural Resources Agency (CNRA) recently posted final adopted text for amendments to the CEQA Guidelines.  The result of over five years of development efforts by the Governor’s Office of Planning & Research and CNRA, the amendments are the most comprehensive update to the CEQA Guidelines since 1998.  In…

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Ninth Circuit Affirms District Court’s Ruling Finding Lack of Redressability for Alleged ESA and NHPA Violations

On June 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Center for Biological Diversity, et al., v. Export-Import Bank of the U.S., affirming the ruling of the District Court, which granted Export-Import Bank of the United States’ (Ex-Im Bank) summary judgement motion finding that, “as a…