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|Let’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;
October 28, 2014, previously published on October 2014Florida’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...
|California Takes Significant Strides Toward Design-Build|
A. Haviva Shane, Wendy Y. Wang; Best Best & Krieger LLP;
October 23, 2014, previously published on October 20, 2014The adoption of Senate Bill 785 signifies strong movement toward authorizing design-build procurement in California at the state and local agency levels. SB 785, effective Jan. 1, repeals several design-build statutes previously adopted by the Legislature for the purpose of testing the...
|An 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;
October 23, 2014, previously published on September 23, 2014The 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...
|It Says It's A "Project" EIR. You Say It Should Be A "Program" EIR. Does The Label Even Matter?|
Glen C. Hansen; Abbott & Kindermann, LLP;
October 20, 2014, previously published on September 24, 2014In Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, the Court of Appeal for the First Appellate District held that the environmental impact report for the comprehensive plan to redevelop Treasure Island and Yerba Buena Island in the San...
|Zoning Hearing Board Erred When It Denied Application for Natural Gas Compressor Station|
Alana E. Fortna; Babst Calland;
October 19, 2014, previously published on October 10, 2014On September 26, 2014, the Commonwealth Court of Pennsylvania issued an opinion in favor of MarkWest Liberty Midstream & Resources, LLC. MarkWest had purchased a 71.5 acre parcel of undeveloped land in Cecil Township, Pennsylvania, and had applied to the township’s zoning hearing board...
|Tribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off|
Whitney Hodges, John E. Ponder; Sheppard, Mullin, Richter & Hampton LLP;
October 16, 2014, previously published on October 2, 2014In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd. Dist. 2014) strictly interpreted the California Environmental Quality Act’s definition of “public agency,” holding that it only applies...
|Legislation Broadening Infrastructure Financing Districts Signed by Gov. Brown|
Sigrid K. Asmundson, T. Brent Hawkins, Seth Merewitz, Jake Vollebregt; Best Best & Krieger LLP;
October 8, 2014, previously published on October 6, 2014Four bills affecting infrastructure financing districts, a funding mechanism for infrastructure and development projects that benefit the broader community, were recently signed by Gov. Jerry Brown. IFDs, created in 1990, have garnered renewed interest after the dissolution of redevelopment in...
|Keeping It Enforceable - The Essential Terms of a Purchase Contract|
Cameron Whyte; McCarthy Tétrault LLP;
October 3, 2014, previously published on September 29, 2014It is not uncommon for parties to enter into contracts for the purchase and sale of real estate that contain defects which may affect their enforceability.
|Oregon Again Delays Coastal Zone Management Act Consistency Review for Another 90 Days|
Sutherland Asbill Brennan LLP;
September 30, 2014, previously published on September 26, 2014The Oregon Department of Land Conservation and Development (DLCD) and Oregon LNG have entered into an agreement for a further stay until January 28, 2015, of DLCD’s decision under the Coastal Zone Management Act (CZMA) on whether Oregon LNG’s proposed LNG import and export terminal is...
|Governor Signs New Laws Amending California's Urban Water Management Planning Act|
Best Best Krieger LLP;
September 25, 2014, previously published on September 24, 2014Under new amendments to California’s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water demand management measures and account for system water losses when preparing Urban Water Management Plans, among other changes....