In the latest episode of Digging Into Land Use Law, Lori Anne Dolqueist and Alex Van Roekel discuss in detail the "Making Conservation a California Way of Life Framework" regulations and the impact they may have throughout California. Regulations went into effect at the beginning of 2025 and compliance is required by 2027. Lori and Alex detail this framework that will impact all urban retail water suppliers throughout the state – a category that covers about 95% of California residents ..read more

In the latest episode of Digging Into Land Use Law, Brooke Marcus and Paul Weiland discuss how "Chevron deference" has loomed large over administrative law during the past four decades. The Loper Bright decision overruled Chevron deference, and for those interested in federal administrative law or how this major Supreme Court decision will impact federal environmental and natural resource laws, Brooke and Paul explain the role of Chevron deference pre-Loper Bright, what the Loper Bright decision really did and what that means for federal environmental and natural resource laws going forwa ..read more

In the latest episode of Digging Into Land Use Law, Nossaman's Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that gave a property owner exclusive use of a portion of the neighboring property. Implied easements are a creature of equity which can save the value and utility of property where a property owner thought it had an easement, or even thought it owned land it did not. This is the first in a short series of podcasts on easements created without a written grant or rese ..read more

According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with more than 3,750 miles exposed to temporary flooding. Coastal erosion and flooding also threatens California’s rail system and utility infrastructure. In this episode of Digging Into Land Use Law, Nossaman’s Shant Boyajian, Liz Klebaner, Ben Rubin and Mary Lynn Coffee discuss state climate resiliency and environmental justice policies relating to coastal transportation and water infrastructure projects and available fun ..read more

Notwithstanding its protected status as a listed species under the federal Endangered Species Act, the Southern California steelhead population is proposed for listing under the California Endangered Species Act. During a time of unprecedented drought and storm activity resulting from climate change, this move to list the species in California is likely to have major impacts on the provision of water and recycled water supply, flood control and storm water treatment and management ..read more

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began oozing into neighboring backyards and basements, contaminating air, soil and water, and endangering human health and the environment. Many people were sickened and hundreds of homes that were found to be uninhabitable were bulldozed as a part of the cleanup. Since its enactment, CERCLA has become the predominant site remediation vehicle and its reach has expanded far beyond ..read more

In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground lease is stated unclearly. David and Maya, along with guest speaker Scott Delahooke, MAI, review a recent market rent adjustment arbitration concerning a long-term ground lease, the key California case law at issue in the dispute, the different valuation approaches taken by the ground lessor and ground lessee, the differences in approaching valuations in California versus o ..read more

In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a wetland? In recent years both the federal government and California have taken steps to provide a specific definition of what is a jurisdictional wetland. In this episode, we give a broad overview of what the current lay of the land is at both the federal and state levels, and offer some predictions for how that might change in the coming years ..read more

In this episode of Digging Into Land Use Law, Nossaman Real Estate partners Simon Adams and Karla MacCary get down and dirty and into the weeds of the rights of land owners that are impacted by easements. It can be important to know how these rights can be established given their effect upon property values. Simon and Karla examine the risk of easement creation and the correct precautions to be taken by owners. They also debate the benefits and burdens of easements by land owners and developers that use these legal rights to enhance the value of their land ..read more

In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use Group Partner Linda Larson and Associate Brian Ferrasci-O'Malley dive into the issues surrounding the effects of climate change on American fisheries and fishery management. The conversation covers how changing ocean conditions are impacting fish species that have been traditionally caught and enjoyed by Americans, what legal tools are available now for fishery managers to manage fisheries sustainably in the face of impacts from climate change and whether legal changes are needed to ensure sustainable U.S. fishin ..read more