On March 24, 2015, the Fourth Circuit ended a 13-year battle between Precon Development Corp. Inc. and the Army Corps of Engineers over a proposed housing development in Virginia. (PRECON DEVELOPMENT CORPORATION, INC. v. UNITED STATES ARMY CORPS OF ENGINEERS) The ruling hinged on whether there was a “significant nexus” between the proposed development and […]
March 19, 2015 | Category:
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Braiden Chadwick,
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Mitchell Chadwick attorneys Braiden Chadwick and Chris Powell will speak at the annual 2015 Mining and Land Resources Institute in Reno Nevada. Braiden and Chris will deliver a talk on recent legislative and legal decisions affecting mineral development on public lands. The Institute is organized by The American Association of Professional Landmen and the Nevada […]
March 17, 2015 | Category:
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Mitigation Bank,
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Braiden Chadwick,
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Land Use Law,
mitigation bank
On March 12, 2015, the U.S. Tax Court sided with the Internal Revenue Service (“IRS”) to disallow a charitable-contribution deduction claimed by North Carolina Company, Balsam Mountain Investments, LLC. (“Balsam Mountain”) The Company had previously dedicated a perpetual conservation easement to the North American Land Trust, a nonprofit entity in 2003. Similar to many individuals, farming interests, […]
March 3, 2015 | Category:
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California Supreme Court Clarifies the “Unusual Circumstances” Exception under CEQA Today, the California Supreme Court issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley (No. S201116), and affirmed that even in Berkeley, building a single-family home does not require environmental review under the California Environmental Quality Act. Berkeley Hillside clarified when the “unusual […]
February 11, 2015 | Category:
CEQA,
Land Use,
Mining,
Oil and Gas | Tags:
California,
california land use,
fresno,
land use,
Land Use Law,
mining,
mitchell chadwick llp,
RMMLF,
Rocky Mountain Mineral Law Foundation,
Water,
Water Law
The Following Article From Mitchell Chadwick Appears In The Upcoming Issue Of The Rocky Mountain Mineral Law Foundation’s Quarterly Report: California’s New Groundwater Legislation Until very recently, California was the only Western state without statewide regulation and management of groundwater resources. Although numerous local agencies were authorized to assume a groundwater management role within their […]
January 29, 2015 | Category:
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Mitchell Chadwick has been listed as one of the best land-use firms in California by U.S. News & World Report. The U.S.News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review […]
January 8, 2015 | Category:
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California,
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Downey Brand,
Downey Brand LLP,
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Pat Mitchell,
sacramento bee
Looking back at biggest legal story: What happened at Downey Brand: From the Sacramento Business Journal: “Lawyers came and went as normal in 2013 until Downey Brand decided to close its Roseville office in October of that year. That didn’t sit well with two partners who had to relocate downtown, Patrick Mitchell and Braiden Chadwick. […]
January 8, 2015 | Category:
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Traffic | Tags:
california land use,
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sacramento bee,
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texas,
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traffic study
On behalf of Buckeye Terminals, Mitchell Chadwick sued the City of West Sacramento in Yolo County Superior Court for failing to conduct adequate traffic studies along South River Road before it dramatically altered traffic routes and circulation. The City’s decision would increase traffic, close off existing truck-staging areas, and disallow safe rail deliveries to the area. The City also […]
Outcome of Calif. gravel mine fight disappoints environmentalists (Reuters) – A California conservation group is still considering whether to appeal to the state Supreme Court an appellate decision to allow a 1,500-acre gravel mining operation on farmland in California’s Central Valley, the group’s lawyer says. Donald Mooney, lawyer for the Friends of the Kings River, […]
October 29, 2014 | Category:
CEQA,
Land Use | Tags:
Braiden Chadwick,
CalAPA,
california land use,
CEQA,
concrete,
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Storm Water,
Water,
Water Law
Big changes have already hit the construction industry in California in the form of a new Industrial Storm Water General Permit, but even more changes are looming. The California Water Resources Control Board is working on a new permitting process for protecting “waters of the state.” Braiden Chadwick will update you on the latest information […]