Archives: Land Use Regulation & Permitting

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Corps Jurisdiction Determinations Reviewable

The U.S. Supreme Court ruled on May 31 in United States Army Corps of Engineers v. Hawkes Co., Inc.[1] that final decisions by the Army Corps of Engineers (“Corps”) concerning the limits of its jurisdiction under the Clean Water Act can be challenged in court. The Clean Water Act (“Act”) regulates the discharge of pollutants … Continue Reading

Major Takeaways from American Planning Association’s National Conference

Several R+C Land Use Group lawyers just returned from the American Planning Association’s National Conference in Phoenix, Arizona.  The conference is a great opportunity to get together with planners from across the country, eat local food, and learn the latest trends in land use planning and development.  Here are some conference highlights. One theme that … Continue Reading

Feds Finalize Prohibitions Against Threatened Bat Species – Disputes Continue

The U.S. Fish & Wildlife Service (FWS) issued a final rule under Section 4(d) of the Endangered Species Act (ESA), taking effect February 16, 2016 and imposing measures intended to protect the northern long-eared bat (NLE bat) under its status as a “threatened species.”  Four environmental groups announced their intention to challenge the rule for … Continue Reading

Zoning Commission Expertise Due Limited Deference in Eyes of Court

The Connecticut Superior Court recently ruled that the Town of Rocky Hill Planning & Zoning Commission (Commission) exceeded its authority by approving a fill permit application to construct a road at the site of the former Rocky Hill landfill located partially within the Town’s Floodplain Overlay District.  The decision – which culminates a five-year zoning … Continue Reading
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