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COVID-19 Takings Lawsuit Filed in California

As first reported by our good friends at inversecondemnation.com, a lawsuit has been filed in California alleging that the response by state and county agencies to the COVID-19 situation violates the state and federal...more

Service Moots ESA Lawsuit by Amending Dragon Registration

While section 9 of the Endangered Species Act (ESA) generally prohibits the “taking” of an endangered species, under section 10 of the ESA the U.S. Fish and Wildlife Service (Service) may issue a permit exempting an activity...more

Emergencies and the Coastal Act

In the past, the Coastal Commission has taken a very negative view on any limitations of public beach access. In fact, one can say that the Commission has been downright aggressive in pursuing what it perceived to be...more

COVID-19 And Endangered Species Act Compliance

Many projects require federal incidental take authority due to impacts on species listed under the federal Endangered Species Act (“ESA”). Depending upon the species, this federal take authority is obtained either from the...more

Do Yellowstone Park Bison Deserve ESA Protection?

According to a handful of environmental groups, the answer is a definitive yes. And after the U.S. Fish & Wildlife Service (“FWS”) issued a 90-day finding concluding in the alternative, earlier this week three environmental...more

Financial Liability & Legal Issues for Cities Related to Sea Level Rise

Sea Level Rise is a critical issue facing public agencies and property owners throughout the U.S.  In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater treatment...more

Is California Coming for Your Beach House?

Yes, but the sea might beat them to it. In 2015, the California Coastal Commission adopted the Sea Level Rise Policy Guidance. This Guidance document discusses a number of potential measures for responding to sea level rise,...more

When A Petition to List Fails But The Species Is Still Listed

On February 5, 2020, the National Marine Fisheries Service (NMFS) issued its 12-month finding on the petition to list summer-run steelhead in Northern California (Oncorhynchus mykiss irideus) as endangered under the...more

Martin’s Beach Saga Continues With California’s New Lawsuit

On November 25, 2019, the California Court of Appeal ruled that the public’s use of a road for more than half a century to access Martin’s Beach was permissive, and therefore “did not ripen into a public dedication that would...more

Martin's Beach - The Public Taking that Almost Was, and Still May Be

The Fifth Amendment to the U.S. Constitution states: “nor shall private property be taken for public use, without just compensation.” The California Constitution contains a similar provision. Reading these constitutional...more

California Announces Lawsuit Over Federal Government's Biological Opinions for Central Valley Project and State Water Project

On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project...more

When Does the California Coastal Act Bar a Takings Challenge?

In a recent published decision, the California Court of Appeal had the opportunity to address this issue when the property owners of a beachside residence in the City of Los Angeles challenged a setback condition that the...more

Does the Federal Endangered Species Act Protect Zoo Animals?

Yes, if the animal is designated as threatened or endangered under the federal Endangered Species Act (ESA). In a recent federal court decision out of Massachusetts, a United States District Court was called on to decide...more

U.S. Supreme Court Reverses Itself – Property Owners Can Have their Day in Federal Court

For over three decades, most property owners have been relegated to state courts when pursuing a takings claim against a state or local agency. In a 5-4 decision issued this week, the U.S. Supreme Court reversed itself and...more

[Event] Nossaman's 2019 California Land Use Seminar - May 21st, Costa Mesa, CA

With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more

Chub Back from the Brink – An ESA Success Story

On February 26, 2018, the U.S. Fish and Wildlife Service issued a proposed rule to delist the Borax Lake chub (Gila boraxobius), a small fish that currently resides primarily in a single Oregon lake. ...more

Final Rule Amends FHWA, FTA And FRA Regulations To NEPA And Section 4(f)

Through a Final Rule effective November 28, 2018, the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) will amend their National Environmental Policy Act...more

California Fires Impact People, Pets, and Wildlife

The recent California wildfires have been devastating. But it is during such times of devastation that we also get to see the good in people. ...more

Court Affirms Coastal Commission’s Consideration Of Takings Issues

The California Coastal Act establishes another layer of regulation governing “development” in the Coastal Zone. Development under the Coastal Act is defined to encompass essentially everything and anything. ...more

Do Freshwater Mussels Deserve ESA Protection?

On August 10, 2018, the representative from Indiana’s 4th Congressional District introduced a bill entitled: “To amend the Endangered Species Act of 1973 to remove freshwater mussels from the list of endangered and threatened...more

Second Budget Proposal Proposes Significant Cuts to the Endangered Species Act Budget

On February 12, 2018, the Trump Administration released a budget proposal that would reduce spending on various components of the Endangered Species Act by almost half, including listing determinations and protection of...more

Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity

In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more

NMFS Extends Comment Period on Western DPS of Steller Sea Lion

On February 6, 2018, the National Marine Fisheries Service (NMFS) announced an extension of the public comment period for the 5-year review of the endangered Western Distinct Population Segment (DPS) of the Steller sea Lion...more

Major Revisions to CEQA Guidelines Proposed - Measuring Transportation Impacts Under CEQA: The Paradigm Shift to Vehicle Miles...

The paradigm shift in the evaluation of the transportation impacts of road and development projects has arrived. The Governor’s Office of Planning and Research (OPR) announced the most comprehensive and far-reaching...more

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