United States: Construction & Planning

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
Sustainable Development And Land Use Update
California's housing and environmental regulations face new legal challenges as state agencies clash with local governments over compliance requirements. From escalating penalties against Huntington Beach to lawsuits over transit-oriented development rules, these disputes highlight the ongoing tension between state mandates and municipal authority in shaping land use policy.
United States Real Estate
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
California’s Coastline Is Becoming A Real Estate Problem
California's coastline faces immediate challenges as sea-level rise and erosion transform from distant planning concerns into urgent real estate and infrastructure crises. From emergency rail closures in San Clemente to questions about property rights when shorelines shift, the state confronts complex legal and financial questions about who bears responsibility for protecting coastal property and public infrastructure.
United States Real Estate
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Nossaman LLP
Article
Dated Invoices Are Not Enough: Mississippi Supreme Court Clarifies Construction Lien Requirements For Contractors
The Mississippi Supreme Court has clarified what information contractors must include when filing construction liens to make them legally enforceable. A recent ruling demonstrates that simply attaching invoices without clearly identifying the last date work was performed fails to meet statutory requirements, potentially invalidating liens worth millions of dollars.
United States Real Estate
BS
Butler Snow LLP
Article
New Housing Law Creates Streamlined Ministerial Approval Process For Townhomes
California's new Missing Middle Townhome Ownership Act (AB 1751) establishes a streamlined ministerial approval process for townhome developments of up to 150 units, bypassing traditional CEQA review and public hearings. The legislation targets the "missing middle" housing market with specific requirements for unit size, density, affordability, and site criteria. Effective January 2027, this law could significantly accelerate townhome project entitlements throughout California, excluding San Francisco.
United States Real Estate
CC
Cox, Castle & Nicholson
Article
Building An Affordable California Act: CEQA Reform For “Essential Projects”
California voters will soon decide on Proposition 45, the Building an Affordable California Act (BACA), which promises to revolutionize CEQA environmental review for essential projects including housing, infrastructure, and renewable energy developments. The initiative would establish vested CEQA standards, accelerated review timelines, and significantly reduced litigation risks for qualifying projects. Will this landmark reform provide the certainty developers need, or will ambiguities in its broad provisi
United States Environment
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Texas Escalates Data Center Oversight With Attorney General Water-Use Investigation
Texas has launched a sweeping investigation into hundreds of data center developments that failed to comply with mandatory water use surveys, marking the latest escalation in a seven-week regulatory crackdown. The state's actions have frozen permits, paused interconnection studies, and exposed projects to criminal and civil enforcement, all while the industry faces mounting scrutiny over its rapidly growing demands on electricity and water infrastructure. With multiple state agencies now coordinating enforc
United States Energy
FL
Foley & Lardner
Article
Federal Court Halts Stehekin Road Project
On September 28, 2026, a Seattle federal court in North Cascades Conservation Council v. National Park Service issued a temporary restraining order (TRO) halting construction of a road segment within the channel of the Stehekin River in the North Cascades National Park Complex, after finding a strong likelihood that the National Park Service (NPS) violated the National Environmental Policy Act (NEPA) by relying on a categorical exclusion that did not adequately consider impacts to aquatic habitat and ecology.
United States Environment
BD
Beveridge & Diamond
Article
Michael C. Zisa And Phillip Boldt Co-Author D.C. Chapter Of “50-State Guide To Electronic Execution Of The General Agreement Of Indemnity”
Two attorneys from Peckarsky & Associates have co-authored a comprehensive 50-state guide examining how electronic execution affects sureties' rights under general agreements of indemnity. The guide analyzes critical jurisdictional differences in electronic signatures, remote online notarization, and powers of attorney that impact surety professionals' underwriting and claims decisions.
United States Real Estate
PA
Peckar & Abramson PC
Article
TDEC Adopts Amendments To Its Aquatic Resource Alteration Permit (ARAP) Regulations Providing Clarity And Reducing Regulatory Barriers To Development In Tennessee.
Tennessee's Board of Water Quality, Oil and Gas has adopted significant amendments to the state's Aquatic Resource Alteration Permit rules, fundamentally changing how isolated wetlands are regulated following the Supreme Court's Sackett decision. The new regulations establish a tiered system for wetland alterations based on ecological quality, with streamlined permitting processes and expanded exemptions for certain construction activities. These changes promise to reduce regulatory burden on developers whi
United States Environment
BS
Butler Snow LLP
Article
More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)
California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United States Real Estate
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
City Of Boston Adopts Streamlined Permitting Process And New Zoning For Small Clean Energy Infrastructure
The City of Boston has adopted a new zoning amendment establishing a consolidated permitting pathway for small clean energy infrastructure projects, including battery energy storage systems. The amendment implements state mandates while providing clear dimensional standards and, in certain cases, by-right zoning for accessory battery installations. Renewable energy developers now have a defined 12-month decision timeline and streamlined approval process for qualifying projects.
United States Environment
FH
Foley Hoag LLP
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