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HTMLLimitations on Bringing Federal Civil Penalty Claims: Federal Agencies Subject to a Stricter Reading
Kohrman Jackson Krantz PLL;
Legal Alert/Article
February 20, 2015, previously published on December 08, 2014
A decision issued last year by the U.S. Supreme Court has ramifications that affect property owners. The case, Gabelli v. Securities and Exchange Commission, No. 11-1274 (“Gabelli”), involved an enforcement action filed by the SEC against two investment advisers for actions that...

 

HTMLDistrict Court Strikes Down Regulation of Purely Intrastate Species on Private Land
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 6, 2015, previously published on November 11, 2014
In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that the challenged regulation went beyond the scope of the Commerce Clause...

 

HTMLState Water Resources Control Board Issues Notice Of Plan To Temporarily Lift Curtailments During Future Rainfall Events
Glen C. Hansen; Abbott & Kindermann, LLP;
White Paper
January 22, 2015, previously published on October 28, 2014
On May 27, 2014, the State Water Resources Control Board (“Board”) issued curtailment notices to all post-1914 appropriative water right holders in the Sacramento-San Joaquin, Russian, and Eel River watersheds. On October 3, 2014, the Executive Director of the Board issued a letter to...

 

HTMLAre You Done Yet? Compensation for Impacts of Public Works in Alberta
Gregory A. Liakopoulos, Daron K. Naffin, Cassia J. Prentice; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on August 26, 2014
During the recent resurfacing of Bow Trail there was a message posted on a pylon sign by an adjacent business owner that read “Bow Trail is not Rome. Please Complete” (see “Road Construction Delays Cause Headaches for Drivers, Businesses” on Global News). The business owners...

 

HTMLFlorida’s Land and Water Legacy Proposed Constitutional Amendment
Maribel N. Nicholson-Choice; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on October 24, 2014
Florida’s Water and Land Legacy was founded in July 2012 by approximately thirteen environmental groups, including 1000 Friends of Florida, the Sierra Club and Audubon Florida, who with the support primarily of other environmental groups, citizens and civic organizations gathered sufficient...

 

HTMLAn Appeal To The City Council Fails To Wash Away All CEQA Sins. Consideration Of Historical Resources In A Negative Declaration Falls Under The Substantial Evidence Test, Not The Fair Argument Test
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
October 23, 2014, previously published on September 23, 2014
The courts have been clear: the decisionmaking body has to consider the CEQA document before taking action to granting a discretionary approval. A recent court decision examines a variation on that practice when the approving body approved the CEQA document, but lacked the authority under the local...

 

HTMLMechanics Lien Subordination: Illinois Further Limits Construction Lenders’ Ability To Ensure Priority Against Mechanics Liens
Michael J. Roth; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
On July 16, 2014, Illinois enacted Public Act 98-764 (Senate Bill 3023) (“SB 3023”), which amends the Illinois Mechanics Lien Act (770 ILCS 60/ et seq.) (the “Act”) to prohibit subordination of mechanics liens on Illinois construction projects, unless such subordination is...

 

HTMLLevel of Detail Adequate in High Speed Rail Authority’s Program EIR for Central Valley to Bay Area Rail Corridor
Jennifer Gunsch; Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The appellate court upheld the California High-Speed Rail Authority’s Program EIR for the Central Valley to Bay Area portion of the route, concluding that (1) the Authority properly limited its environmental analysis to a program level when it deferred site-specific analysis of the vertical...

 

HTMLHomeowners “Bluffed” Out Of Challenge To Coastal Permit To Rebuild Private Access Stairs
Joshua Weiss; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
The Court of Appeals for the Fourth Appellate District (Division One) has held that homeowners who accepted the benefit of a coastal development permit (“CDP”) for seawall reconstruction to protect their bluff-top homes cannot subsequently challenge the terms upon which the CDP was...

 

HTMLMDE Accepting Rental Property Registration Applications
Gordon Feinblatt LLC;
Legal Alert/Article
August 27, 2014, previously published on August 2014
As of January 1, 2015, owners of rental properties built before 1978 are required to register them with the Maryland Department of the Environment (MDE). Before that date, owners of rental properties built before 1950 were required to register them with the MDE and to comply with a lead paint risk...

 


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