By Duncan M. Greene on Posted in Development,Environmental,Land Use,MunicipalThe Mazama pocket gopher is officially “threatened” in Thurston and Pierce counties. After many years of debate, environmental studies, and litigation, the U.S. Fish and Wildlife Service (USFWS) finally announced the listing of four subspecies of Mazama pocket gophers as threatened under the Endangered Species Act (ESA), as well as the designation of more than … Continue Reading
By Duncan M. Greene on Posted in Land Use,Municipal,UncategorizedIt appears that getting the green light to operate a marijuana business depends on your zip code. Some local governments in Washington are taking action to ban medical and recreational marijuana operations, while others are permitting or even attempting to encourage marijuana businesses. Jurisdictions permitting marijuana businesses may be welcoming decisions by others to adopt marijuana bans, … Continue Reading
By Saira Rhodes on Posted in Development,Land Use,Land Use Planning,MunicipalOn May 17, the White House issued a memorandum that directs federal agencies to “do what it takes to cut timelines for breaking ground on major infrastructure projects in half.” The memorandum builds on a March 22, 2012 executive order (Executive Order No. 13604) that aims to facilitate faster regulatory reviews of proposed transportation, water … Continue Reading
By Saira Rhodes on Posted in Environmental,MunicipalCongressman Norm Dicks has joined Van Ness Feldman as Senior Policy Counsel. Working with the firm’s Washington, DC and Seattle offices, Dicks will apply his years in public service to his new role, consulting with clients on a wide range of public policy, strategic, and regulatory issues, particularly those in the environmental sector. He will … Continue Reading
By Saira Rhodes on Posted in Development,Environmental,Municipal,Real EstateVan Ness Feldman is helping clients navigate the complicated and often lengthy process of disaster recovery in the wake of Hurricane Sandy. The Center’s purpose is to help affected businesses secure federal resources for rebuilding and to keep clients up-to-date with the latest post-Sandy developments in the areas of energy, environment, project development, real-estate, federal funding and public policy. Click on the … Continue Reading
By Shannon Angielski on Posted in Development,Energy Efficiency/Sustainability,Environmental,Land Use,Land Use Planning,Municipal,Water LawSix opportunities totaling over $16.25 million in federal financial assistance were released this week, soliciting proposals in the major program areas of: Agriculture Alternative and Renewable Energy Energy Efficiency Public Lands and Natural Resources Water Van Ness Feldman’s Federal Funding Resource Center is an online information tool designed to inform our clients and friends about key energy-, … Continue Reading
By T.C. Richmond on Posted in Development,Land Use,Municipal,Water LawOn July 12, 2012, Van Ness Feldman GordonDerr client Cascade Water Alliance successfully converted to a municipal corporation (a Joint Municipal Utility Services Authority) from a non-profit Watershed Partnership. Cascade, formed originally as a non-profit watershed management partnership, realized it lacked authorities of other utilities and had many areas of confusion, such as how to handle … Continue Reading
By molawrence on Posted in Development,Environmental,Land Use,Municipal,Real EstateOn April 12, 2012, Judge Martinez, U.S. District Court, Western District of Washington, issued a decision denying the National Wildlife Federation’s request for a preliminary injunction to halt the sale of flood insurance and floodplain map revisions in the Puget Sound stating that the NWF failed to demonstrate likely environmental harm absent the requested injunction. … Continue Reading
By Katie F. Cote, AICP on Posted in Development,Environmental,Land Use,Land Use Planning,MunicipalOn the final day of the Washington State 2012 Special Session, 2ESSB 6406 was passed by the House and Senate and is on its way to the Governor’s desk. In a session light on land use issues, some have called this bill the most significant land use bill of the session. The bill was able … Continue Reading
By Ray Liaw on Posted in Development,Environmental,Land Use,MunicipalIdaho Governor C. L. “Butch” Otter signed House Bill 464, which prevents cities and counties in the state from banning oil and gas drilling operations. The bill would still allow local governments to pass “reasonable local ordinances” that regulate zoning and planning issues related to oil and gas operations, while all other activities would be … Continue Reading
By Shannon Angielski on Posted in Climate Change,Development,Energy Efficiency/Sustainability,Environmental,Land Use,MunicipalWe are pleased to announce the launch of our Federal Funding Resource Center – www.vnf.com/funding – an online information tool designed to inform our clients and friends about key energy-, environment-, and resource-related federal funding opportunities across a range of federal agencies including the Departments of Energy, Defense, Agriculture, and the Interior. The Federal Funding … Continue Reading
By Tadas A. Kisielius on Posted in Growth Management Act,Land Use,MunicipalLast week, the Washington State Supreme Court ruled in Stafne v. Snohomish County, reversing a lower appellate court decision that had caused consternation among local jurisdictions throughout the state. The case clarifies the ability of a party to appeal a local jurisdiction’s decision to reject a privately-initiated proposal to amend a comprehensive plan amendment as … Continue Reading
By Brent Carson on Posted in Development,Environmental,Land Use,MunicipalKing County’s long developing program to accept cash payments for projects in need of wetland mitigation is expected to be formally approved by the U.S. Army Corps of Engineers next week. Under this program, King County takes on the obligation to build acceptable wetland mitigation and the Corps relieves the party filling the wetland and … Continue Reading
By molawrence on Posted in Climate Change,Development,Environmental,Land Use,MunicipalOn Thursday December 8, 2011, the National Wildlife Federation (NWF) initiated the most recent installment in their ongoing effort to force FEMA to change the way it operates the National Flood Insurance Program (NFIP). In 2004, NWF filed a prior suit against FEMA, asserting that FEMA had violated the Endangered Species Act (ESA) because … Continue Reading
By Jay P. Derr on Posted in Climate Change,Development,Environmental,Land Use,Municipal,Real Estate,Water LawGordonDerr is excited to announce that the firm is combining with Van Ness Feldman, a nationally and regionally recognized energy, environment, transportation, and natural resources law and public policy firm with offices in Seattle and Washington, DC. The combined firm will help a broad, national range of clients successfully navigate the next generation of real … Continue Reading
By Jay P. Derr on Posted in Development,Growth Management Act,Land Use,Municipal,Real EstateDevelopment and conservation need not always be at odds. The Pierce County Council recently approved Orton Junction, “a new model of development that contributes to the economic strength and livability of our cities and breaks the old habit of sprawling across the countryside.” This agreement represents a model solution that provides for services and jobs … Continue Reading
By Jay P. Derr on Posted in Development,Environmental,Growth Management Act,Land Use,MunicipalPartner Jay Derr testified before the State Legislature, sharing perspective on local land use and environmental regulations in the State of Washington. Insight was given on the Growth Management Act (GMA), the State Environmental Policy Act (SEPA), the Shoreline Management Act (SMA), the various growth management boards throughout the State, and numerous specialized development and … Continue Reading
By Ray Liaw on Posted in Development,Land Use,MunicipalSkanska USA is poised to become the second developer participating in the City of Seattle’s “living building” pilot program. The living building program offers incentives to develop green building projects by allowing the City to modify development standards for buildings that meet a set of sustainability criteria. The Seattle Times is reporting that Skanska USA … Continue Reading
By Jay P. Derr on Posted in Growth Management Act,Land Use,MunicipalThe Florida State Legislature repealed its growth management legislation last spring. While Florida’s repeal still permits local jurisdictions to implement growth management planning tools by their own choice, there are no longer state mandates (nor state oversight) in Florida to do so. Economic development and jobs were the key reasons articulated for the repeal. Washington’s Growth … Continue Reading
By molawrence on Posted in Development,Environmental,Land Use,MunicipalGordonDerr partner, Molly Lawrence, reacts to notice that the National Wildlife Federation plans to sue the federal government, saying FEMA has failed to ensure that the national flood insurance program hasn’t harmed endangered salmon — or the orca whales that feed on the fish — in Puget Sound. Many Puget Sound communities have already adopted restrictive … Continue Reading
By molawrence on Posted in Development,MunicipalThe September 22, 2011, alleged “deadline” for local jurisdictions to take action to implement Element 3 of the Reasonable and Prudent Alternative from the NFIP Biological Opinion has come and gone. At this point, it appears that more than 75% of local jurisdictions have either formally selected “Door #3” – a permit by permit approach … Continue Reading
By Saira Rhodes on Posted in Climate Change,Energy Efficiency/Sustainability,MunicipalColumbia Law School’s Center for Climate Change Law has prepared a first draft of a model small-scale solar-siting ordinance. The model ordinance offers a framework that can enable municipalities to implement and enforce the effective and efficient use of solar energy resources. The ordinance would govern all new solar energy systems of up to ten … Continue Reading
By molawrence on Posted in Development,Environmental,Land Use,Municipal,Real EstateWith the September 23rd implementation “deadline” less than two months away, many of the 122 local jurisdictions participating in the National Flood Insurance Program (NFIP) are moving ahead to take some type of action to respond to the Biological Opinion issued by the NOAA-National Marine Fisheries Service to FEMA Region X. As many will recall, … Continue Reading
By Saira Rhodes on Posted in Development,Energy Efficiency/Sustainability,Land Use,Land Use Planning,MunicipalA recent New York Times article raises some interesting questions about how US cities might tackle increasing traffic congestion and subsequent pollution—by following the urban planning of many European cities, where trends are to make driving as irritating as possible, thereby almost forcing individuals to choose public transportation. Interesting concept—plan a city/development around people NOT cars. … Continue Reading