Advisory Council on Historic Preservation’s Post

In this episode of Environmentally Speaking host Clarice welcomes Kerin Browning to the team and they engage in a nuanced discussion about a recent court decision concerning land use and zoning issues. The conversation delves into the legal complexities surrounding notice requirements, the concept of hardship in the context of zoning variances, and the essential deliberative process for municipal boards. By examining a specific case, the episode provides valuable insights into the intricate legal framework of land use decisions, shedding light on the significance of thorough legal considerations in zoning matters. #environmentallaw #environmentallawyer #newportri #desautelbrowninglaw #rhodeisland #newengland

#BLM’s final Public Lands Rule, which defines conservation as a “use” of public land, reflects the Biden Administration’s climate agenda and a new approach to restore federal lands. #EnvironmentalLaw attorney Murray Feldman spoke with Bloomberg Law about the prospects for legal challenges, saying, “It’s unclear how courts will respond to these challenges, especially with judges focusing on how closely regulations hew to the strict language of the law,” adding, “The test here will be if BLM’s rule goes too far or stays within statutory constraints under FLPMA and the range of permissible agency discretion.” Read more here: https://lnkd.in/gtQiDMHQ

The European Union's new law provides a clear example of how controversial the restoration of nature or rewilding can be. READ the article "Nature Restoration and Rewilding" at https://lnkd.in/eWzscmhy.

I recently discussed corporate ownership and speculation in Pittsburgh with Henry George School of Social Science. According to the article attached: ‘three nonlocal corporate owners have acquired 1,000 local parcels, mostly since 2019’ In my own research, I found a corporate ownership to be a strong predictor of property condemnation, though the causal impact of this is up for debate (could be corporate investors buying condemned properties for rehab or neglecting low-value property). Either way it looks like it is going to become more difficult for Pittsburghers to compete with corporate investors for limited housing… https://lnkd.in/g6B-mngT

Thanks to Law360’s Nate Beck for his article covering SVN Saunders Ralston Dantzler Real Estate’s Florida Lay of the Land Report. Read more on some of the key findings and main takeaways from the report:

Be sure to check out Cliff McKinney's article on the advantages and disadvantages of conservation easements in the latest issue of The Arkansas Lawyer. You can read it here: https://bit.ly/3yzc0SX

https://lnkd.in/edzfQXve   Since 1984, federal courts have deferred to government experts when statutes are ambiguous. Such deference permits Congress to draft commonsense legislation without illegitimate government overreach. It also allows experts in various fields to apply their training, research, and sound professional judgment when parsing the legislation’s application.   Federal judges are smart, but they are not marine scientists, algorithm designers, or educators. Judges alone, especially politically appointed judges, should not be bearing the responsibility of interpreting technically complex material.   Unfortunately, this ruling appears to be part of a larger pattern in America. This pattern translates individuality and equality into the lowest common denominator. It is best expressed in the phrase, “you think you’re better than me?!”   Very few people would presume to believe they share an athletic skill set with Tom Brady or LeBron James. But a shocking number of people believe they are equally qualified as trained and experienced experts to interpret climate change models or conduct economic analyses of low-cost housing projects.   Everyone is entitled to their own opinion. But in cases requiring expertise, expert opinions just mean more.  

Further to its inclusion in the Land, Planning and Development Federation Newsletter, please see my high level summary on the recent C G Fry Litigation in the Court of Appeal. Shoosmiths #Shoosmiths #planning Home Builders Federation

Matt’s summary of the C G Fry judgment below - following on from his first hand involvement ! Please do get in touch if you would like to discuss #planning #HBF #lpdf

The State of Florida and the FDEP collectively know as - Florida Intervenors respectfully requested from the U.S. DOJ a move for a limited stay of District Judge Moss’s summary judgement for Plaintiff (WEL blog Feb. 23 for details). This requested limited stay is based on a “may affect” concept as referenced by this Court relating to the ESA and T&E species that may utilize wetlands within Florida. The Florida Intervenors are trying and putting efforts to minimize the costly and disruptive consequences this decision has created for our State. Friday April 12, 2024 this request was DENIED. Reminder - of the 1,000 permit applications involving 404 activities that are now in limbo, approximately 10% of these applications may deal with T&E species. Portrays an ominous future of costs related to land/water alterations for societal purposes. Affordable housing you say? Not in Florida if this legal lambaste limbo of wetland alteration continues.