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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...

 

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...

 

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...

 

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...

 

HTMLGreen Building Code Changes in Baltimore City Could Impact Building Modifications
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 27, 2014, previously published on August 2014
A bill now under consideration by the Baltimore City Council could make it more difficult to make modifications of many existing non-residential and multifamily buildings and to obtain exceptions based on cost, feasibility, or historic nature of the building.

 

HTMLGreen Building Code Changes in Baltimore City
Margaret M. Witherup; Gordon Feinblatt LLC;
Legal Alert/Article
August 18, 2014, previously published on August 11, 2014
A bill now under consideration by the Baltimore City Council could make it more difficult to make modifications of many existing non-residential and multifamily buildings and to obtain exceptions based on cost, feasibility, or historic nature of the building.

 

HTMLBeware of LUST
Katherine A. Joyce; Bernstein Shur;
Legal Alert/Article
August 4, 2014, previously published on August 4, 2014
Today, we’re talking about LUSTs: Leaking Underground Storage Tanks. Not what you were expecting? Well, if you are in the market for commercial real estate, I can assure you that you will be even more disappointed if you unwittingly purchase property on which a LUST is located. Ownership of a...

 

HTMLIf You Own Commercial Property, the Proposed Rule Clarifying Clean Water Act Jurisdiction Could Hamper Your Future Plans: What You Need To Know
John A. Heer, Kevin Patrick Murphy; Walter, Haverfield LLP;
Legal Alert/Article
July 30, 2014, previously published on July 2014
The proposed new rule by the U.S. EPA and U.S. Army Corps of Engineers to define "waters of the United States" under the federal Clean Water Act (CWA) could potentially have far-reaching ramifications for commercial property owners or for companies thinking of entering into a real estate...

 

HTML“Waters of the U.S.” - A New Definition
Karin M. Jacoby; Husch Blackwell LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have issued a proposed rule intended to clarify the scope of “waters of the U.S.” protected under the Clean Water Act (CWA) and for which Section 404 permitting by the Corps will apply.

 


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