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HTMLWind Farm Community Benefits ‘Are Not A Material Consideration’, Guidance Says ...
Stephen Ashworth; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 5, 2014
DECC have just published “Guidance of Community Benefits from Onshore Wind Developments“. The paper provides some great examples of the way in which contributions from windfarm operators can help local communities. It builds on the 2013 industry protocol that suggested a minimum annual...


HTMLWhat a Belter
Stephen Ashworth; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on October 31, 2014
The Green Belt is back in the news. DCLG has updated the NPPG, and included responses to two further questions that “interpret” the Green Belt policy in the NPPF. In substance, neither additional paragraph makes any real contribution to our understanding of the policy in the NPPF.


HTMLMoney Back Guarantee For Planning - Is It Working?
Roy Pinnock; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 7, 2014
We have already highlighted the varied outcomes from the Government’s ‘Planning Guarantee’ changes to the Planning (Fees etc) Regulations 2012. The ‘Guarantee’ requires local planning authorities to refund fees for planning applications not decided within 26 weeks...


HTMLCIL - Getting Strategic Sites Right
Stephen Ashworth; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 10, 2014
The Community Infrastructure Levy (CIL) is still in its early infancy. 45 authorities are charging, 19 authorities are in the twilight zone between examination and adoption. It is, clearly, too early to credibly talk about its effects on the delivery of either development or infrastructure. Almost...


HTMLUnlawful Development Permit Conditions Not Binding On Second Permit Applicant When Original Permit Expires Without Use - Second District Changes Mind On Changed Facts
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on October 30, 2014
A major fact correction on rehearing led the Second Appellate District to reverse its earlier ruling in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 10/23/14, B243015 (on rehearing). The court has now held that collateral estoppel does not prevent a landowner from letting a permit...


HTML“Does a Fire Chief Meet the Qualifications of an Expert?” Fire Department Official Allowed to Testify on Issues Regarding Origin and Cause
Rick Hammond; Johnson & Bell, Ltd.;
Legal Alert/Article
November 13, 2014, previously published on November 2014
It’s common knowledge that in the majority of fire losses, insurers hire an expert to determine the fire’s origin and cause. One of the reasons is because if a fire is deemed incendiary, i.e. intentionally set, the insurer might have a defense to coverage if sufficient evidence points...


HTMLSeventh Circuit Expands Apportionment Defense, Potentially Limiting Joint and Several CERCLA Liability
Jeremy Esterkin, Denise G. Fellers, Mae Kieng Hau, Rick R. Rothman; Bingham McCutchen LLP;
Legal Alert/Article
November 10, 2014, previously published on October 15, 2014
The Seventh Circuit issued two significant decisions relating to the cleanup of the Lower Fox River and Green Bay Superfund Site (the “Site”) on September 25, 2014. In the first, NCR Corp. v. George A. Whiting Paper Co., No. 13-2447 (7th Cir. Sept. 25, 2014), the Court reaffirmed that a...


HTMLFCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements
James R. Hobson; Best Best & Krieger LLP;
Legal Alert/Article
November 8, 2014, previously published on October 16, 2014
Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff time by making the authorizations stored on agency databases...


Adobe PDFLet’s Make A Deal: Immunity For Water Management Districts In Exchange For Use Of Land
Leonard J. Dietzen, Brian Hayden; Rumberger, Kirk & Caldwell Professional Association;
Legal Alert/Article
October 28, 2014, previously published on October 2014
Florida’s five water management districts (“Districts”) together own approximately 2.7 million acres of land. To protect Districts from liability for injuries occurring on these lands, the Florida Legislature enacted Section 373.1395, Florida Statutes, commonly referred to as the...


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...


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