Clients turn to Perkins Coie lawyers for assistance with their land use and development issues. As leaders in land use counseling and litigation, we help our clients understand, obtain, implement and defend legal rights for the development and use of land.
|
Publications
-
02.15.2024EPA’s Latest PFAS Push Targets Nine Substances Under RCRAUpdatesU.S. Environmental Protection Agency Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances and the agency’s corrective action authority under the Resource Conservation and Recovery Act on January 31, 2024. These proposed rulemakings align with EPA’s Strategic Roadmap, announced in 2021 as a “whole-of-agency” approach to addressing PFAS.
-
07.17.2023San Francisco Adopts Ordinance To Facilitate the Conversion of Office Buildings to HousingUpdates
In an effort to address the city’s office vacancy and much-needed housing, the San Francisco Board of Supervisors approved the “Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization” ordinance on June 27, 2023. On July 5, 2023, Mayor London Breed approved the ordinance, which will become effective on August 4, 2023.
-
01.24.2023Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing DevelopmentUpdates
The Washington State Legislature kicked off its 2023 legislative session with a big focus on affordable housing initiatives. Five significant affordable housing bills were introduced this session that propose major changes ranging from eliminating local design review boards for housing development permits to modifying the multifamily tax exemption to creating a “housing benefit district” within city boundaries to boost the acquisition and development of affordable housing.
-
01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
-
07.18.2022California Expands Energy Commission’s Jurisdiction to Bolster Clean Energy DevelopmentUpdatesGov. Newsom signed AB 205 into law on June 30, 2022, a legislative effort that significantly expands the California Energy Commission’s jurisdiction and encourages the development of new clean energy projects.
-
05.19.2022Proposed Revisions to Indian Trust Land Regulations Limit Third-Party InterestsUpdatesThe Bureau of Indian Affairs has proposed preliminary revisions to the regulations that govern the acquisition of land into trust for Indian tribes. The proposed revisions would streamline the fee-to-trust process and eliminate many important checks and balances that protect third-party interests.
-
05.11.2022California Land Use & Planning Law: HousingLawyer PublicationsAlan Murphy co-authored a book chapter titled “Housing” in California Land Use & Planning Law (38th edition, 2022).
-
04.25.2022FERC Greenlights PJM and New Jersey Offshore Wind Transmission AgreementUpdatesOn April 14, 2022, the Federal Energy Regulatory Commission accepted a “State Agreement Approach” Agreement between PJM Interconnection, LLC and the New Jersey Board of Public Utilities effective April 15, 2022.
-
12.16.2021Opportunities and Challenges in Biden’s Plan for a Zero-Carbon Federal Government by 2050President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050
-
12.16.2021The Biden Administration’s Plan for a Zero-Carbon Federal Government by 2050UpdatesPresident Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.
-
12.09.2021The Infrastructure Investment and Jobs Act Creates a Network of Electric Vehicle Charging Stations, but Issues RemainUpdatesThe Infrastructure Investment and Jobs Act, signed into law by President Biden on November 15, 2021, has the potential to transform the surface transportation sector in the United States.
-
09.28.2021California Enacts New Legislation to Accelerate Housing ProductionUpdatesCalifornia Governor Gavin Newsom recently signed into law several bills intended to accelerate local approval of housing projects and increase housing production.
-
06.07.2021California Governor Newsom Extends Flexibility to Hold Virtual Public MeetingsUpdatesOn June 2, 2021, in response to a written request by a coalition of local government agencies, California Governor Newsom announced that N-29-20 will not terminate on June 15, and that state and local agencies can continue to conduct virtual public meetings as needed.
-
06.09.2020President Orders Federal Agencies to Further Expedite Environmental Project Approvals Using Emergency PowersUpdatesPressing ahead on his efforts to reduce delays in federal approvals necessary for major infrastructure projects, President Donald Trump on June 4 called for more streamlining in another executive order, Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.
-
06.03.2020EPA Final Rule Narrows State and Tribal Review Under the Clean Water ActUpdatesThe U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the Clean Water Act.
-
03.23.2020COVID-19 and Construction: Initial Steps for ContractorsUpdatesCOVID-19 is expected to have an impact on construction companies across the country.
-
10.10.2019New California Law Restricts Cities’ Ability to Limit HousingUpdatesCalifornia Governor Gavin Newsom signed into law yesterday a major set of restrictions on the actions California cities and counties may take to impede housing development. Senate Bill 330 broadly aims to prevent local agencies from putting up new barriers to housing production.
-
09.12.2019San Francisco Sellers: COPA Now in EffectUpdatesThe San Francisco Mayor’s Office of Housing and Community Development released its much-awaited Community Opportunity to Purchase Act (COPA) Program Rules on Monday, September 3, 2019. (The mayor signed COPA on May 3, 2019. More information about the legislation can be found in our previous update.)
-
07.19.2019EPA Revises Its FOIA RegulationsUpdatesThe Environmental Protection Agency issued a final rule June 26, 2019, revising the agency’s Freedom of Information Act regulations.
-
01.10.2019CEQA Year in Review — 2018BlogsThe California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the court rejected a standard air quality impact analysis in the EIR for a typical mixed-use development project. The court declined to apply the substantial evidence standard of review to the EIR’s discussion of the impact.
-
11.29.2018Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species ActUpdatesIn a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under ESA only if it is also “habitat” for the species within the meaning of the statute.
-
01.05.2018CEQA Year in Review — 2017BlogsIn 2017, the California Supreme Court issued two decisions involving highly controversial questions of first impression. In the closely-watched Cleveland National Forest Foundation case, the court reversed the court of appeal’s ruling that the EIR for SANDAG’s regional transportation plan was fatally flawed because it had not sufficiently considered the 2050 greenhouse gas emissions reduction goal in the Governor’s executive order.
-
01.05.2017CEQA Year in Review — 2016BlogsIn 2016, the California appellate courts issued published opinions in 21 CEQA cases. In several of those opinions, including a ground-breaking decision by the California Supreme Court, the courts grappled with limits on the scope of required environmental review for a subsequent project approval after a negative declaration or EIR has previously been adopted or certified for the project.
-
06.15.2016Pre-1969 Fill of Shoreline Area Not a Violation of the Public Trust DoctrineUpdatesThe Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in the Shoreline Management Act and therefore did not violate the Public Trust Doctrine or otherwise create a public nuisance.
-
06.01.2016Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in CourtUpdatesThe U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review.
-
05.31.2016If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act PermitUpdatesOn May 6, 2016, the Fish and Wildlife Service published a proposed rule that would substantially change how the Service administers its conservation and management program under the Bald and Golden Eagle Protection Act.
-
04.01.2016Supreme Court Holds the Ninth Circuit Misinterpreted the Alaska National Interest Lands Conservation ActUpdates
The U.S. Supreme Court recently rejected the Ninth Circuit’s interpretation of § 103(c) of the Alaska National Interest Lands Conservation Act (ANILCA).
-
03.23.2016U.S. Fish and Wildlife Service Updates Native American Tribe PolicyUpdatesThe U.S. Fish and Wildlife Service announced an updated Native American policy on January 27, 2016, which provides a framework for government-to-government relationships to further the federal government’s trust responsibility to federally recognized tribes to protect, conserve and use tribal resources.
-
03.17.2016FWS Proposes Revisions to Development Mitigation PolicyUpdatesThe U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources.
-
03.17.2016Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the WestUpdatesIn a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals for the Ninth Circuit recently reversed an Alaska district court’s judgment vacating the designation of critical habitat in Alaska for the polar bear.
-
02.16.2016New Critical Habitat Regulations Published Under the Endangered Species ActUpdatesOn February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical habitat under the Endangered Species Act.
-
01.26.2016Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water RightsUpdatesThe Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County on November 12, 2015, vacating the Arizona Department of Water Recourses’ (ADWR) approval of Freeport Minerals Corporation’s (Freeport) application to sever water rights it owned which were appurtenant to Planet Ranch in Mohave County and to transfer such rights to other areas.
-
01.11.2016Congress Enacts Federal Permitting Improvements to Speed Infrastructure ProjectsUpdatesCongress enacted the Surface Transportation Reauthorization and Reform Act of 2015, also known as the Fixing America’s Surface Transportation Act (the FAST Act) on December 4, 2015.
-
01.13.2015Terrorism Insurance: Steps for Policyholders After TRIA’s ReauthorizationUpdatesReacting quickly to the concerns of the business community and insurance policyholders, the 114th Congress voted overwhelmingly to approve the Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIA). On January 12, 2015, President Barack Obama signed the TRIA into law.
-
12.23.2014Need Terrorism Coverage? Take Action Before January 1, 2015UpdatesThe U.S. Congress failed to reauthorize the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) prior to adjourning on December 16, 2014. The new 114th Congress will not convene until January 6, 2015 and may not immediately begin the consideration of TRIPRA for several days thereafter.
-
09.18.2014Seattle Residential Landlords—New Registration and Inspection RequirementsUpdatesThe first deadline under the City of Seattle’s new Rental Registration and Inspection Ordinance (“Ordinance”) is coming up at the end of this month. The law is intended to ensure that residential housing meets basic safety and maintenance requirements. It applies to most rental housing in Seattle; there are various exemptions for commercial lodging, licensed senior housing facilities, hospitals, government housing and other less typical types of housing.
-
09.17.2014Retail Leasing: 'Tis The Season to Make Your List and Check It TwiceUpdatesThe holiday shopping season is fast approaching and for the brick and mortar retail industry, it is a critical time. Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting.
-
09.08.2014California Energy Commission Delays Compliance With Energy Disclosure Program for Smaller Nonresidential BuildingsUpdatesThe California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases.
-
12.19.2013California Energy Commission Provides Guidance for New Nonresidential Building Energy Use Disclosure ProgramUpdatesThe California Energy Commission (CEC) recently issued updated regulations for its new Nonresidential Building Energy Use Disclosure Program. The updated regulations provide practical guidance to building owners for complying with the Disclosure Program.
-
08.16.2013California Energy Commission Delays Implementation of Nonresidential Building Energy Disclosure RegulationsUpdatesOn August 14, 2013, the California Energy Commission announced for the second time this summer that implementation of California’s new energy use disclosure regulations has been delayed. These delays affect the regulation’s original compliance deadlines, which we explained in our update dated May 9, 2013.
-
07.22.2013USCIS Releases New Policy Memorandum for EB-5 ProgramUpdatesFollowing numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications.
-
07.01.2013California Lease Disclosure Requirements Regarding ADA Accessibility Now in EffectUpdatesBeginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp inspection has occurred, whether the property being leased has met all construction-related accessibility standards under current law.
-
05.09.2013California Energy Commission Amends Nonresidential Building Energy Disclosure RegulationsUpdatesThe California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007.
-
12.30.2011California Supreme Court Upholds Legislation Dissolving Redevelopment Agencies and Invalidates the Voluntary "Opt In" Payments That Would Have Allowed Such Agencies to ContinueCalifornia Redevelopment Association v. Matosantos Commercial Corporation (No. S194861)UpdatesThe California Supreme Court has announced that recently enacted legislation disbanding redevelopment agencies is constitutional, while the companion legislation that would have allowed redevelopment agencies to continue to exist if they made "voluntary" payments is unconstitutional.
-
09.29.2011EB-5 Investments: The New "Old" Alternative Finance ToolUpdatesIs it the result of turbulent economic times, tighter bank financing, or the globalization of the private finance and investment world? We cannot say for sure what is fueling the interest, but an increasing number of our clients are asking about, exploring or already gaining the benefits of the EB-5 Immigrant Investor Visa Program.
-
08.24.2011Oregon Adopts New Rules for Highway AccessUpdatesA new access management bill was passed into law in Oregon's 2011 legislative session that will revolutionize highway access permitting in Oregon.
-
09.13.2010Building Owners and Managers Association (BOMA) Enacts New Measurement Standards for Office BuildingsUpdatesEarlier this year, the Building Owners and Managers Association (BOMA) International adopted new measurement standards for office buildings.
-
03.25.2010IRS Provides New Safe Harbor for Section 1031 Exchanges Using Qualified IntermediariesUpdatesThe IRS recently issued Revenue Procedure 2010-14, which provides long-awaited guidance for taxpayers whose deferred like-kind exchange of relinquished property would be non-taxable under Section 1031 of the Internal Revenue Code but for the failure of the qualified intermediary ("QI") to acquire and transfer identified replacement property due to the QI's insolvency proceedings.
-
02.23.2010Colorado Court Upholds Charging a Prepayment PremiumUpdatesOn January 21, 2010, the Colorado Court of Appeals issued a decision upholding the right of lenders to charge a prepayment premium. Planned Pethood Plus, Inc. v. Keycorp, Inc., 228 P.3d 262 (Colo. App. 2010).
-
01.08.2009Exon-Florio/CFIUS: Does Your Transaction Present National Security Considerations?UpdatesThe U.S. Treasury Department, chair of the Committee on Foreign Investment in the United States ("CFIUS"), recently published guidance on the types of transactions previously reviewed by CFIUS that have presented national security considerations ("Guidance"). The Guidance is intended to provide insight into how CFIUS identifies the national security effects of covered transactions and may assist parties considering whether to file a voluntary notice of a transaction with CFIUS [1]. This is an important determination because, although filing a CFIUS notice is voluntary, the parties may be forced to unwind a transaction where no filing was made if the President later determines it poses national security risks.
-
02.23.2009Economic Stimulus Bill Provides Energy Tax Incentives and Relaxes Tax Rules for BusinessesUpdatesThe American Recovery and Reinvestment Act of 2009, commonly referred to as the Stimulus Bill, signed into law on February 17, 2009, contains renewable energy tax incentives, defers realization of certain cancellation of debt income, suspends certain restrictions on the deductibility of original issue discount, and limits S corporation built-in gain recognition.
Presentations
-
01.22.2020; 01.30.2020; 02.04.2020; 02.06.202030th Annual Land Use & Development Law Lunch BriefingSeminarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
-
06.13.2019 - 06.14.2019Affordable and Multifamily Housing: Overview of the Law and Discussion of Current DevelopmentsSpeaking EngagementsCo-chair of CLE International Conference and Presenter
Land Use Law: Planning for the 2020s in California / San Francisco, CA -
06.13.2019Land Use Law – Planning for the 2020’s in California: Fees, Dedications, and How to Think Through the IssuesSpeaking EngagementsCLE International / San Francisco, CA
-
04.08.2014
-
01.16.2014; 01.22.2014; 1.23.201424th Annual Land Use and Development Law BriefingSeminarsA 90-minute multi-panelist presentation on 2013 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Energy Law.
