Marten Law Group--States, Courts Drive Climate Change Policy While Federal Government Sits on Sidelines

While federal lawmakers continue to debate climate change policy, states, local governments, and court cases have moved forward. In this Emerging Issues Commentary, Michael G. Lufkin of the Marten Law Group reviews the most important recent regional, state, and local laws and regulations, as well as...

Jenner & Block: Climate Change: Current and Emerging Legal Issues (May 2007)

Climate change presents significant risks and opportunities for Corporate America. As a result, in-house counsel must be aware of the rapidly evolving legal developments pertaining to climate change. In this paper, the attorneys in Jenner & Block LLP’s Climate & Clean Technology Law Practice...

Rails to Trails

Global Positioning Systems are facilitating the mapping of trails that were once rails and the Rails to Trails Conservancy is asking for volunteers to use GPS systems to help them create a national online map of trails ( http://www.traillink.com/gps.aspx ). A by-product of the rails to trails program...

Professor Steven J. Eagle on Fashion Valley Mall, LLC v. National Labor Relations Board

Professor Steven Eagle comment on the California Supreme Court decision in Fashion Valley Mall, LLC v. National Labor Relations Board , 42 Cal. 4th 850, a case that illustrates the clash between private property rights and free expression. The Court ruled that labor unions have the right to distribute...

Property Rights Blues

John D. Echeverria and Thekla Hansen-Young of t he Georgetown Environmental Law and Policy Institute have released an analysis of two state takings “compensation” measures. These are laws championed by property rights advocates that force state governments to compensate landowners for all...

California's Land Development Authority Impeded by Clean Air Act

California attorney, Alene M. Taber, provides insight into agency use of indirect source rules to improve air quality as required by the Clean Air Act. Land development is considered by regulators to be an ‘indirect source’ of air pollution emissions. In California the practical effect of...

PBA Opposed to Pennsylvania Bill to Reduce Adverse Possession Years

Intended to reduce blight, Pennsylvania House Bill 1322 would significantly cut the number of years required to establish ownership by adverse possession for real property. Applicable in cases involving an occupied single family dwelling on a lot of one acre or less when the unimproved land is incidental...

Williams Mullen: Local Land Use Issues Arising In Foreclosure

Editor Lloyd, Jr., T. Preston Most commercial lenders will typically arrange for at least a modest amount of land use due diligence prior to making a real estate secured loan. Depending upon the type of transaction and property type, that due diligence should include...

Restoring Lost Connections: Land Use, Policing, and Urban Vitality

By Nicole Stelle Garnett* * Professor of Law, Notre Dame Law School. This speech was delivered as the 2010 Brennan Lecture at the Oklahoma City University School of Law on April 8, 2010. Excerpt from Restoring Lost Connections: Land Use, Policing, and Urban Vitality , 36 Okla. City U.L. Rev...

Douglas P. Carstens on Local General Plans in California

Recent efforts by the California Legislature to make changes to land use requirements to promote priorities such as development of renewable energy sources have placed new emphasis on local general plans. In this Analysis, Douglas P. Carstens delineates the relevant factors when courts will interpret...

The Year in Review: Ten Environmental and Land Use Cases from 2011

In this Analysis, Daniel P. Selmi discusses trends over the last year in environmental and land use case law from California appellate courts and the federal Ninth Circuit Court of Appeals involving appeals from district courts in California. He writes: VII. Housing: A Rare Appearance for the "Anti...

California High-Speed Rail on Track? Bridging the Gap Between Competing Land Use Issues with the California High-Speed Rail Project

By Kevin J. Grochow* * J.D. Candidate, Chapman University School of Law, May 2012; B.A. History, University of California, Irvine, June 2007. Excerpt from California High-Speed Rail on Track? Bridging the Gap Between Competing Land Use Issues with the California High-Speed Rail Project , 15...

Williams Mullen: Zoning Contingencies in Real Estate Contracts

BY: T. PRESTON LLOYD, JR. In the wake of the recession, the marketplace is still in the process of clearing properties that were zoned with an expectation of a development that never came. As the economic environment for real estate transactions improves, the land use entitlements associated with...

New Pennsylvania Permit Extension Act Extends Life of Permits to 2016

by the Zoning and Land Use Group Pennsylvania has enacted an important amendment to the Permit Extension Act that will extend the life of certain zoning and land-use permits and approvals to July 2016. Embedded in a finance bill (S.B. 1263, Act 87), the law was enacted by the Pennsylvania legislature...

Vetstein Law Group: Massachusetts Smart Growth Zoning Reform Bill On The Fast Track To Passage?

By Richard D. Vetstein, ESQ 58 Legislators Pushing Comprehensive Zoning Reform Bill - "Inclusionary Zoning" Provision May Expand Controversial 40B Law With "Smart Growth" advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a controversial bill that for...

Ballard Spahr Legal Alert: Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees

By the Ballard Spahr LLP Zoning and Land Use Team The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with a property owner/developer’s right to just...

Pennsylvania Supreme Court Decides Act 13 Zoning Case

By Lawrence H. Baumiller The Pennsylvania Supreme Court has ruled that several critical provisions of Act 13, the General Assembly’s 2012 comprehensive update to the former Oil and Gas Act, are unconstitutional. In addition to invalidating a key section of Act 13 placing limits on the...

The Pennsylvania Commonwealth Court Invalidates Additional Provisions of Act 13

Last month, the Pennsylvania Commonwealth Court issued an opinion, [ enhanced version available to lexis.com subscribers ], invalidating additional sections of Act 13 of 2012, Pennsylvania’s comprehensive overhaul of the former Oil and Gas Act. The cumulative effect of this ruling, combined with...