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HTMLNine Agencies Sign MOU to Expedite Transmission Siting on Federal Lands
Troutman Sanders LLP;
November 3, 2009, previously published on November 2, 2009
On October 28, 2009, the Obama Administration released a Memorandum of Understanding ("MOU") signed by nine agencies to streamline and expedite the siting and construction of electric transmission lines on federal land. The MOU was signed by the Federal Energy Regulatory Commission...

 

Adobe PDFDEP Guidance Calls for Local Zoning Approval for Some Cleanups -- Could This Delay or Block Your Remediation or Development Project?
Drinker Biddle & Reath LLP;
November 2, 2009, previously published on October 30, 2009
The New Jersey Department of Environmental Protection (DEP) is taking another weapon out of its abundant arsenal, which may make it harder to implement reasonable remedial actions and delay cleanups. Under draft guidance, titled "Requirements for Remedial Actions Rendering Properties...

 

Adobe PDFConnecticut DEP Proposes New Stream Flow Regulations Applicable to All Rivers and Streams
Harold M. Blinderman, René Alejandro Ortega; Day Pitney LLP;
October 26, 2009, previously published on October 21, 2009
On October 13, 2009, the Connecticut Department of Environmental Protection ("DEP") published notice of its intent to adopt new regulations setting minimum flow standards for the state's rivers and streams. The Proposed Stream Flow Standards and Regulations ("Proposed Rules")...

 

HTMLCourt Holds EIR's Analysis of Energy Impacts Adequate under CEQA and Upholds City's Finding That Traffic Mitigation outside City Boundaries Would be Infeasible
Barbara J. Schussman, Marie A. Cooper, Nadia L. Costa; Bingham McCutchen LLP;
October 26, 2009, previously published on October 5, 2009
For the first time, a court has addressed the question whether an EIR's evaluation of energy impacts is sufficient under CEQA. Further, the court upheld a city's determination that payment of fees for traffic improvements on county land, outside city limits, would not constitute feasible mitigation...

 

HTMLCalifornia Environmental Quality Act Does Not Require City to Complete and Consider an Environmental Impact Report Prior To Rejecting A Proposed Project
Mona Ebrahimi, Daniel J. O'Hanlon, Jon E. Goetz, Kristin A. Hagan; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
October 26, 2009, previously published on October 7, 2009
In Las Lomas Land Company v. City of Los Angeles, (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., September 17, 2009), the Court of Appeals held that the California Environmental Quality Act ("CEQA") does not require a City to complete and consider an environmental impact report...

 

HTMLOperation of Medical Marijuana Dispensary without Approval by City Constituted a Nuisance Per Se and Operation Could Be Enjoined Without a Showing of Actual Harm
Mona Ebrahimi, Karina K. Terakura; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
October 26, 2009, previously published on October 15, 2009
In City of Claremont v. Kruse, (--- Cal.Rptr.3d ---, Cal.App. 2 Dist., August 27, 2009), a California Court of Appeal considered whether a trial court erred when it enjoined the operation of a medical marijuana dispensary that was operating without a business license. The Court of Appeal held that...

 

HTMLCity's Rent Control Ordinance Constitutes a Regulatory Taking of Property from Mobile Home Park Owners
Mona Ebrahimi, Jon E. Goetz; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
October 26, 2009, previously published on October 15, 2009
In Guggenheim v. City of Goleta, (--- F.3d ---, C.A.9 (Cal.), September 28, 2009), the United States Court of Appeals for the Ninth Circuit considered whether a city's mobile home rent control ordinance constitutes a regulatory taking of property from mobile home park owners. The Court of Appeals...

 

HTMLStatement of Overriding Considerations Supports City's Decision That Project Alternatives Are Infeasible
Mona Ebrahimi, Daniel J. O'Hanlon; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation;
October 26, 2009, previously published on October 15, 2009
In California Native Plant Society v. City of Santa Cruz, (--- Cal.Rptr.3d ----, Cal.App. 6 Dist., August 20, 2009) a California Court of Appeal considered whether a city violated the California Environmental Quality Act ("CEQA") when it approved a project for a city-owned greenbelt,...

 

HTMLCourt Upholds EIR against Challenges to Energy Impacts Analysis, Extra-Jurisdictional Mitigation, and Amendments Following Planning Commission Review
William R. Devine, Matthew Fogt; Allen Matkins Leck {newline}Gamble Mallory & Natsis LLP;
October 16, 2009, previously published on October 13, 2009
Based upon numerous requests, the California Court of Appeals recently certified for full publication (after previously authorizing only a partial publication) an important CEQA case that provides guidance on (1) energy impacts analysis, (2) extra-jurisdictional mitigation, and (3) amendments to...

 

HTMLState Law Does Not Preempt Local Regulation of Medical Marijuana Dispensaries
David H. Blackwell, Michael Patrick Durkee, Thomas P. Tunny; Allen Matkins Leck {newline}Gamble Mallory & Natsis LLP;
October 17, 2009, previously published on October 1, 2009
Local regulation of medical marijuana dispensaries has become an area of increased public concern. On September 22, 2009, the Second Appellate District published City of Claremont v. Kruse (B210084), where it affirmed the trial court's issuance of a permanent injunction preventing defendants...

 


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