From the Ground Up

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Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning

Mar 01, 2016

Housing, Land Use, Legal Developments—National, Legal Developments—Oregon, From the Ground Up

Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United...

Creative Way to Deal With Easement Dispute Fails

Mar 03, 2016

By LeAnne M. Bremer

Real Estate, From the Ground Up

In the recent Washington Court of Appeals case of Buchheit v. Geiger, property owners tried to prevent a neighbor from crossing over their lakeside lot with an antiharassment order. The neighbor began using the lakeside lot without the owners' permi...

Plan Now So That Excess Water Isn't Trouble Later

Mar 22, 2016

Environmental, From the Ground Up

Water is a frequent topic of conversation these days, with valid concern over the growing scarcity of this resource. In the past few years, however, concerns about too much water have also arisen. From Hurricane Katrina to Superstorm Sandy to our own...

A Washington Court of Appeals Reaffirms State's Strong Vested Rights Doctrine

Feb 17, 2016

By LeAnne M. Bremer

Land Use, Vested Rights, From the Ground Up, Legal Developments—Washington

The Washington Department of Ecology issued the 2013-2018 Phase I Municipal Stormwater Permit, which required certain counties and cities to adopt local regulations for controlling stormwater sewer systems for new development, redevelopment, and cons...

EPA Adopts Clean Power Plan

Aug 05, 2015

By Jeff C. Miller

Environmental, Regulation, From the Ground Up

Earlier this week, the EPA adopted rules under the Clean Air Act intended to ensure that by 2030, carbon dioxide (CO2) emissions from existing power plants will be 32 percent below 2005 levels. The rule establishes emission performance rates for foss...

As a Matter of Fact, Raisins Are Protected By the Fifth Amendment

Jun 26, 2015

By LeAnne M. Bremer

Land Use, From the Ground Up

Earlier this year we wrote about the Ninth Circuit Court of Appeals case of Horne v. Department of Agriculture (here). In that case, the court of appeals ruled that a Department of Agriculture marketing order that required raisin farmers to divert a...