Author Info for Nossaman LLP

Simon Adams

Podcast: The Rights of Land Owners Impacted by Easements

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…more

Easements, Land Developers, Land Owners, Property Valuation

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Robert Adler

A Review of the OMB Guidelines Issued to Federal Agencies for Reporting Requirements to Congress That Redefined What Constitutes a “Major” Cybersecurity Incident

With the growing threat of cyberattacks, we thought it would be worthwhile to discuss a late 2016 change in reporting requirements for federal agencies that have suffered a data breach. The Office of Management and Budget’s…more

Cybersecurity, Data Breach, Federal Information Security Modernization Act (FISMA), Foreign Relations, Government Agencies

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Barney Allison

New Infrastructure Bill Expands TIFIA Program

Late last Friday on November 5th, the U.S. House of Representatives passed the $1.2 trillion bipartisan infrastructure bill, the Infrastructure Investment and Jobs Act or IIJA, which President Biden intends to sign on Monday,…more

Airports, Federal Funding, Habitat Conservation Plan, Infrastructure, Public Transit

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Rebecca Hays Barho

Federal Court Orders Re-do of Golden-Cheeked Warbler Petition Review

On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to…more

Conservation, Endangered Species, Endangered Species Act (ESA), ESA Listings, US Fish and Wildlife Service

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William Bassoff

Outline of Changes to Regulations Implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (as amended)

The regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the “Uniform Act” or “Act”) have not been amended since 2005. In 2019, the U.S. Department of Transportation…more

Acquisitions, Eminent Domain, Homeowners, Regulatory Reform, Relocation

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Andrée Blais

Podcast: Why Pension Systems May Find New Opportunities in P3 Infrastructure Investments

Infrastructure investment, whether through direct investments in specific projects or through commingled funds, is an attractive asset class for public pension systems and other institutional investors. In this episode of Public…more

Biden Administration, Canada, Infrastructure, Institutional Investors, Investment Opportunities

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Carl Blumenstein

Hold the Pickle—and the Meal Break: California Supreme Court Holds That Healthcare Workers May Voluntarily Waive Second Meal Period Even When Shifts Last More Than 12 Hours

In a decision that facilitates flexible staffing practices for healthcare employers, the California Supreme Court recently held that healthcare workers can legally waive a second meal period when they work shifts longer than 12…more

CA Supreme Court, Employer Liability Issues, Employment Policies, Healthcare, Labor Code

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Corey Boock

California Water Views - 2024 Outlook

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as…more

California, Condemnation, Construction Contracts, Environmental Policies, Environmental Protection Agency (EPA)

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Shant Boyajian

U.S. Department of Transportation Announces Funding Opportunity for Public Agencies to Improve P3 Capacity and Expertise

The U.S. Department of Transportation (USDOT) recently announced a long-awaited Notice of Funding Opportunity (NOFO) for public agencies to enhance technical capacity to deliver projects using a public-private partnership (P3)…more

Construction Project, Department of Transportation (DOT), Financing, Grants, Infrastructure

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Svend Brandt-Erichsen

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)…more

Biden Administration, CEQ, Climate Change, Environmental Justice, Environmental Policies

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Alexei Brenot

What Constitutes a “Larger Parcel?”

In California, a fundamental principle of eminent domain law is that an owner of property acquired by eminent domain is entitled to just compensation for the property interests taken (Code Civ. Proc. §1263.010)…more

Eminent Domain, Just Compensation, Land Parcels, Property Owners, Public Projects

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Sejin Brooks

State Inverse Condemnation Remedy Sufficient To Vindicate Constitutional Rights

Dodge, duck, dip, dive, and… dodge. An interesting case from the United States Supreme Court yesterday. Interesting because of what it says, and interesting because of what it very explicitly declined to say…more

Constitutional Challenges, DeVillier v Texas, Fifth Amendment, Land Owners, SCOTUS

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Allison Callaghan

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

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Edmund Caplicki III

Major Changes Coming for the Davis-Bacon Act

Federal prevailing wage law, known as the Davis-Bacon Act and Related Acts (Davis-Bacon Act), is applicable to almost every federal and federal-aid project. The rules governing the Davis-Bacon Act have been essentially…more

Construction Workers, Davis-Bacon Act, Department of Labor (DOL), Employer Liability Issues, Federal Contractors

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Hon. Chris Carney

White House Officials Want State Water/Wastewater Cybersecurity Plans Soon

In response to “multiple” cyber threat vectors, the Biden administration has asked governors of all 50 states to generate cybersecurity plans within 90 days (approximately July 1, 2024) to protect local water and wastewater…more

Biden Administration, Cyber Threats, Cybersecurity, Cybersecurity Framework, Data Protection

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Alexander Chuang

SEC Adopts New Rules to Better Protect Institutional Investors in Private Funds

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to approve 660 pages of new rules and amendments modifying the Investment Advisers Act of 1940 (Advisers Act). The new rules represent some of the…more

Institutional Investment, Institutional Investors, Investment Advisers Act of 1940, New Regulations, Private Funds

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Mary Lynn K. Coffee

On-Demand Webinar | Recent Updates to Federal Environmental and Natural Resource Regulations

Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape and…more

Bald and Golden Eagle Protection Act, Clean Water Act, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Marco Costales

How to Protect Your Liquor License from California’s New “Watchdog” Reporting Portal

As if the coronavirus pandemic wasn't already bad enough for business, California liquor license holders now have to contend with a new anonymous reporting portal that connects concerned citizens directly with the Department of…more

Alcohol Beverage Control, Licenses, Liquor Licences, Wine & Alcohol

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Elizabeth Cousins

California Water Views - 2024 Outlook

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as…more

California, Condemnation, Construction Contracts, Environmental Policies, Environmental Protection Agency (EPA)

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Linda Cunningham

Toll Road Use on the Rise

Drivers in the U.S. are seeing the benefits of toll roads, according to a new report published by the International Bridge, Tunnel and Turnpike Association (IBTTA). The 2015 Report on Tolling in the United States (June 30,…more

Federal Highway Administration, Infrastructure, Roads, Tolls, Transportation Corridor

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Tom Curtis

Is It the End of Yaqub for Hearing Officer Selection?

For more than 15 years, the process of selecting a hearing officer for a medical staff peer review proceeding has been strongly influenced by the decision in Yaqub v. Salinas Valley Memorial Healthcare System 122 Cal. App. 4th…more

Administrative Hearings, Bias, Due Process, Health Care Providers, Hospitals

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Brandon Davis

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal Professionals - June 3rd, 11:00 am - 12:00 pm PT

Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support timely…more

Business Strategies, CEQA, Construction Industry, Continuing Legal Education, Coronavirus/COVID-19

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Patricia de la Peña

Austin Voters Approve Tax Measure to Help Fund $7.1B Project Connect Plan

On November 3rd, Austin voters approved a property tax increase to help fund the $7.1 billion Project Connect mass transit project. The initial investment, which is a portion of the “Project Connect System Plan,” includes 27…more

Infrastructure, Property Tax, Public Transit

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Noah DeWitt

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking…more

Administrative Procedure Act, Air Quality Standards, Arbitrary and Capricious, Clean Air Act, Comment Period

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Lori Anne Dolqueist

CA Supreme Court Decision Paves the Way for Water Rate Decoupling

On July 8, 2024, the California Supreme Court issued its opinion in Golden State Water Company v. Public Utilities Commission. The petitioners, California Water Association, California-American Water Company, California Water…more

CA Supreme Court, CPUC, Infrastructure, Public Utility, Water

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Frederick Dombo III

Critical Infrastructure Operators Take Note: Biden Administration to Unveil New Cybersecurity Regulations

While acknowledging that voluntary approaches to cybersecurity compliance have produced some important improvements, the Biden administration says those improvements have been mostly incomplete and inadequate, particularly in…more

Biden Administration, Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity

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Thomas Dover

California Privacy Protection Agency to Begin Enforcement Activities

After a successful appeal of a June ruling, the California Privacy Protection Agency (CPPA) is authorized to begin immediate enforcement of privacy regulations developed, and expanded, under the California Privacy Rights Act of…more

California, California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity

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Ashley Dunning

California Supreme Court Grants Review of First Post-Alameda Decision on Compensation Earnable Restrictions — Amicus Curiae Briefs Due August 2024

In surprising news for the California county retirement system community, on April 17, 2024, the California Supreme Court granted review of Ventura County Employees’ Retirement Ass’n v. Criminal Justice Attorney’s Ass’n of…more

Employee Benefits, Public Retirement Boards, Retirement, Retirement Plan, State-Sponsored Retirement Plans

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Bernadette Duran-Brown

[Webinar] Eminent Domain Case Law Update - March 7th, 11:00 am - 12:00 pm PT

Please join us on March 7, 2024 for a webinar recapping eminent domain and real property cases from the last year. Bernadette Duran-Brown and Steve Silva will provide a comprehensive overview and delve into key decisions from…more

Eminent Domain, Property Owners, State and Local Government, Statutory Interpretation, Webinars

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Elinor Eizdi

Podcast: Unwritten Easements Part 1 – Implied Easements

In the latest episode of Digging Into Land Use Law, 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…more

CA Supreme Court, California, Easements, Land Owners, Private Property

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John Erskine

California Expands Pay to Play to Cover Local Elected Officials

Earlier this year California expanded its “pay-to-play” restrictions to members of local elected agencies, including city councils and boards of supervisors, and extended from three to 12 months the length of a ban on…more

California, Governor Newsom, Pay-To-Play, State and Local Government

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Brian Ferrasci-O'Malley

Interior Issues New NRDAR Type A Rule for Comment

On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions to its natural resource damage assessment and restoration (NRDAR)…more

Comment Period, Department of the Interior, Environmental Policies, Hazardous Substances, Natural Resources

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John Flynn III

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th! This in-depth seminar will feature officials from the California Coastal…more

Affordable Housing, Building Permits, California Coastal Commission, Coastal Real Estate, Continuing Legal Education

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Frederic Fudacz

[Webinar] Groundwater Adjudications and Alternatives to Comprehensive Adjudication - June 7th, 1:00pm PT

Join Nossaman attorneys on June 7th for a discussion of groundwater adjudications and litigation alternatives in the era of the Sustainable Groundwater Management Act (“SGMA”). This webinar, for CLE credit*, will explain…more

Adjudicatory Process, Continuing Legal Education, Groundwater, Groundwater Management Plan, Sustainable Groundwater Management Act (SGMA)

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Michael Gawley

Colorado’s Peer Review Privilege In Peril

The confidentiality of medical staff peer review has long been a cornerstone of hospital operations, fostering an environment where physicians can candidly evaluate medical care without the looming specter of malpractice…more

Ballot Measures, Confidential Information, Health Care Providers, Healthcare, Hospitals

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Byron Gee

Executive Order That Seeks to Undo Obama Administration's "Waters of the United States" Rule Has More Limited Immediate Impacts

Debate and uncertainty regarding the extent of federal jurisdiction under the Clean Water Act will continue under the Executive Order. On February 28, 2017, President Trump issued an Executive Order entitled “Restoring the…more

Clean Water Act, Deregulation, Environmental Protection Agency (EPA), Executive Orders, Navigable Waters

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David Graeler

On-Demand Webinar | Partial Acquisitions: A Case Study on Severance Damages, Offsetting Project Benefits and Mitigation Strategies

Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to the…more

Construction Project, Design-Build, Easements, Eminent Domain, Engineering

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Sara Greenberg

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s (“DOL”)…more

Administrative Procedure Act, Biden Administration, Chevron Deference, Corporate Counsel, Department of Labor (DOL)

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Kyle Hamilton

California Water Views - 2024 Outlook

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as…more

California, Condemnation, Construction Contracts, Environmental Policies, Environmental Protection Agency (EPA)

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Maya Hamouie

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

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…more

Appraisal, Arbitration, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

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Joseph Haney III

California Releases Annual Report of Localities Subject to SB 35’s Housing Streamlining Provisions

During the summer of 2023, the California Department of Housing and Community Development (HCD) released its updated Statewide Determination Summary for Senate Bill (SB) 35. In its report, HCD determined only 7% of California…more

Affordable Housing, Annual Reports, California, CEQA, Community Development

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Drew R. Hansen

What the FFCRA, CARES Act, California’s Shelter-in-Place Orders and Other Relief Measures Mean for California Employers [Updates]

Latest update on 09.21.2021 Emergency declarations – including a California state-wide stay at home order – and a variety of executive and health orders issued from federal, state, county, and city authorities in response to…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, EFMLA, EPSLA

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Willis Hon

California Direct Potable Reuse Regulations Approved

On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023. The…more

Drinking Water, Environmental Policies, New Regulations, State Water Boards, Water

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Dawn Huck

Limits Raised on Political Contributions & Gifts to CA Officials & Candidates

On November 19, 2020, California’s Fair Political Practices Commission (FPPC) increased the dollar amounts allowed for contributions and gifts to California candidates and elected officials. The new limits will go into effect on…more

Political Campaigns, Political Candidates, Political Contributions

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Christopher Hughes

Supreme Court Agrees to Address Uncertainty About Trademark Licenses in Bankruptcy Cases

Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract..…more

Commercial Bankruptcy, Executory Contracts, Intellectual Property Protection, License Agreements, Petition for Writ of Certiorari

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Jill Jaffe

California Water Views - 2024 Outlook

Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as…more

California, Condemnation, Construction Contracts, Environmental Policies, Environmental Protection Agency (EPA)

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Sara Johnson

[Webinar] Dirt in the Ditches: A Practical Look at How the Sackett Decision Affects WOTUS Permitting Nationwide - March 26th, 12:00 pm - 1:30 pm PT

In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to but…more

Clean Water Act, Environmental Protection Agency (EPA), Permits, Sackett v EPA, US Army Corps of Engineers

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Kimberly Kamkar

No Exception for the Masses: Update on the Corporate Transparency Act

As many of you may have seen in the news, on March 1, 2024, a federal district court in Alabama found the Corporate Transparency Act (CTA) unconstitutional. The suit, National Small Business United v. Yellen (National Small…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges

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Steven Kaufmann

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th! This in-depth seminar will feature officials from the California Coastal…more

Affordable Housing, Building Permits, California Coastal Commission, Coastal Real Estate, Continuing Legal Education

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John Kennedy

Felony Forfeitures Statutes Tested Again: A Tale of Two States’ Pension Reform Statutes–One Forfeiture Survives and One Does Not

The constitutionality of California’s felony forfeiture statute, as applied by the Board of Administration of the California Public Employees’ Retirement System (CalPERS), survived yet another challenge in September 2023, after…more

CalPERS, Criminal Prosecution, Employee Benefits, Felonies, Fiduciary Duty

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Fredric Kessler

The Case for Adequate Public Transportation Funding During the COVID-19 Pandemic

In his Infra Insight Blog post on April 9, Frank Liu reported on the uncertain status of the long awaited federal infrastructure bill…more

CARES Act, Coronavirus/COVID-19, Federal Funding, Infrastructure, Legislative Agendas

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Liz Klebaner

Adapting to Climate Change, Inland

Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023…more

Beachfront Properties, California Coastal Commission, Climate Change, Coastal Real Estate, Infrastructure

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Derek Kliewer

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat for…more

Conservation, Critical Habitat, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Yukiko Kojima

[Webinar] Navigating Risks: Adapting Insurance to Align with Evolving Methods of Project Delivery - May 30th, 12:00 pm - 1:30 pm PT

Insurance on a project is a vital tool with which to manage project risk. In a warming world with ever larger and more complex projects, insurance becomes that much more important to ensure that projects can stay on track after…more

Construction Industry, Infrastructure, Insurance Industry, Project Management, Risk Management

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Christopher Kramer

Outline of Changes to Regulations Implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (as amended)

The regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the “Uniform Act” or “Act”) have not been amended since 2005. In 2019, the U.S. Department of Transportation…more

Acquisitions, Eminent Domain, Homeowners, Regulatory Reform, Relocation

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Kenneth Kramer

Los Angeles Office of Finance Clarifies Exemptions from “Mansion Tax”

The Los Angeles Office of Finance (Office of Finance) has released a new FAQ confirming that real property transfers that are exempt from the current City documentary transfer tax (to which the FAQ refers as the “Base Tax”) also…more

California, City of Los Angeles, Property Tax, Real Estate Transactions, Tax Code

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Courtney Krause

Podcast: Outliers and Oddities in Alternative Investment Documents

Institutional investors and other limited partners are often told they must accept certain terms and provisions in alternative investment fund documents because such terms “are market.” Who is responsible for creating these…more

Alternative Investment Funds, Institutional Investors, Investment Management, Limited Partnership Agreements, Side Letters

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Bradford Kuhn

Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?

We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval. These can range from street…more

Critical Infrastructure Sectors, Environmental Policies, Fifth Amendment, Public Improvement Projects, Real Estate Development

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David Lee

The SEC Gets Hacked: What Now?

It was recently revealed that the Securities and Exchange Commission’s (“SEC”) EDGAR database, which is used by public companies to file official documents, was breached. According to the SEC, trading off of that hacked…more

Cyber Attacks, Cybersecurity, Data Breach, EDGAR, Filing Requirements

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Erin Lee

Deadline Approaching for California Hospitals to Meet Seismic Requirements

On January 17, 1994, a 6.7 magnitude earthquake struck Northridge, California, resulting in thousands of casualties and approximately $60 billion in damages and economic loss. Hospitals within the impacted area suffered severe…more

Acute Facilities, Building Codes, California, Commercial Real Estate Market, Deadlines

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Jillian Friess Leivas

What is the Difference Between Fee Simple, an Easement, Full Take, and Part Take?

When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. However, often times, condemnation…more

Condemnation, Easements, Fee Simple, Property Owners, Regulatory Takings

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Frank Liu

FHWA Issues FONSI for MTA’s Central Business District Tolling Program

The first urban-core tolling program in the United States marked a major milestone. In late June, the Federal Highway Administration (FHWA) concluded its environmental assessment of the Metropolitan Transportation Authority’s…more

City of New York, Federal Highway Administration, Infrastructure, Roads, State and Local Government

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Pavneet Singh Mac

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

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Brendan Macaulay

[Event] Cybersecurity, Data Breach, and Privacy:A Dialogue on the Rising Risks and Evolving Legal Landscape - Oct. 12th, Los Angeles, CA

Nossaman LLP and University of California, Irvine School of Law invite you to join us for this complimentary half-day seminar on recent developments in the areas of cybersecurity, data breach, privacy, and their implications on…more

Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Karla MacCary

Podcast: Unwritten Easements Part 1 – Implied Easements

In the latest episode of Digging Into Land Use Law, 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…more

CA Supreme Court, California, Easements, Land Owners, Private Property

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Aleene Madikians

Adverse Possession Between Public Entities: a Loophole or a Pipedream

A question that arises with some frequency in our practice is whether a public entity can adversely possess a property interest against another public entity. The general rule of thumb is that a private entity cannot obtain an…more

Adverse Possession, California, Eminent Domain, Property Ownership, Public Entities

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Amber Maltbie

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the…more

California, Censorship, Constitutional Challenges, First Amendment, Free Speech

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Natalie Maples

What to Expect When Selling a Physician Practice

For various reasons, a medical group may decide that it is time to sell their practice. This could be due to reduced reimbursements, increased operational complexities or the desire to “cash out” and retire…more

Acquisition Agreements, Contract Negotiations, Corporate Sales Transactions, Health Care Providers, Hospitals

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Brooke Marcus

On-Demand Webinar | Recent Updates to Federal Environmental and Natural Resource Regulations

Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape and…more

Bald and Golden Eagle Protection Act, Clean Water Act, Endangered Species, Endangered Species Act (ESA), Environmental Policies

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Nicole Matheson

Federal Contribution Limits Increased for 2021-2022 Election Cycle

The Federal Election Commission (FEC) recently announced increased federal contribution limits for the 2021-2022 election cycle. Certain federal contribution limits are indexed for inflation and adjustments are made in…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), Lobbyists, PACs

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Michelle McCarthy

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law…more

Arbitration, Bereavement Leave, Best Practices, Business Expenses, California

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Raven McGuane

White House Issues Dire Warning Regarding Drinking Water Supply and Wastewater System Cyberattacks

The Biden-Harris Administration is redoubling its efforts to improve cybersecurity for the nation’s water systems. In March, the EPA and the White House issued a dire warning to state governors alerting them of the need to…more

Biden Administration, Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity

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Jennifer Meeker

[Webinar] Keeping Current on COVID-19 Challenges for the Water Industry - April 16th, 1:00 pm - 2:00 pm PT

Please join Nossaman's Water Industry Team on April 16, 2020 for “Keeping Current on COVID-19 Challenges for the Water Industry,” a special presentation as part of our 2020 Water Webinar Series. There is no question that the…more

Business Interruption, Business Operations, Continuing Legal Education, Coronavirus/COVID-19, Court Closures

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Kristin Mendenhall

Reserving Goodwill Claims

In California, a business operating on real property being acquired, in whole or in part, for a public project may make a claim for loss of goodwill and be entitled to compensation if the business operator establishes the…more

Appraisal, Damages, Eminent Domain, Just Compensation, Loss of Goodwill

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David Miller

[Webinar] Recent Updates to Federal Environmental and Natural Resource Regulations - August 28th, 12:00 pm - 1:30 pm PT

Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape and…more

Bald and Golden Eagle Protection Act, Clean Water Act, Endangered Species Act (ESA), Energy Projects, Environmental Policies

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Youju Min

$65 Billion Investment in the Future of Broadband

The $1.2 trillion infrastructure bill that passed the Senate this week includes $65 billion to improve broadband infrastructure, middle mile infrastructure and broadband access by unserved and underserved communities…more

Broadband, Infrastructure, Telecommunications, Wireless Industry, Wireless Technology

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Peter Mixon

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not in…more

Colleges, First Amendment, Free Speech, Retaliation, SCOTUS

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Leslie Nellermoe

Podcast: CERCLA at 40: The Monster That Often Eats the Village

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…more

Brownfield Properties, CERCLA, Contaminated Properties, Environmental Protection Agency (EPA), Hazardous Substances

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Reed Neuman

Fourth Circuit Unanimously Declines to Rehear Ruling Upholding Strict Liability for Arrangers Under CERCLA

On July 23, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing in 68th Street Site Work Group v. Alban Tractor Co., Inc., et al., 4th Cir., No. 23-01155, declining the opportunity to potentially…more

Arranger Liability, CERCLA, Hazardous Substances, Toxic Chemicals, Waste Disposal

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Gina Nicholls

On-Demand Webinar | Taking the Plunge: Lessons Learned from Water System Consolidations

With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and…more

Drinking Water, Industry Consolidation, State Water Boards, State Water Project, Utilities Sector

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John O'Meara

Fourth Circuit Unanimously Declines to Rehear Ruling Upholding Strict Liability for Arrangers Under CERCLA

On July 23, the U.S. Court of Appeals for the Fourth Circuit denied a petition for rehearing in 68th Street Site Work Group v. Alban Tractor Co., Inc., et al., 4th Cir., No. 23-01155, declining the opportunity to potentially…more

Arranger Liability, CERCLA, Hazardous Substances, Toxic Chemicals, Waste Disposal

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Adeyemi Ojudun

OMB Issues Final BABA Guidance and USDOT Issues Final Public Interest Waiver

The federal government recently released long-awaited guidance regarding the Build America, Buy America (BABA) Act requirements included in the Infrastructure Investment and Jobs Act (P.L. 117-58; IIJA). On August 14, 2023, the…more

Build America Investment Initiative, Buy America, Construction Project, Department of Transportation (DOT), Federal Contractors

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James Oleshansky

Water Agencies Beware Before Proceeding with Forced Municipalization

Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to improve…more

Eminent Domain, Infrastructure, Municipalities, Property Owners, Water

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Yuliya Oryol

SEC Adopts New Rules to Better Protect Institutional Investors in Private Funds

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to approve 660 pages of new rules and amendments modifying the Investment Advisers Act of 1940 (Advisers Act). The new rules represent some of the…more

Institutional Investment, Institutional Investors, Investment Advisers Act of 1940, New Regulations, Private Funds

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Brian Papernik

Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

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Lloyd Pellman

On-Demand Webinar | Taking the Plunge: Lessons Learned from Water System Consolidations

With a wide patchwork of water systems servicing residents across California, there have been ongoing efforts by the Legislature to encourage the consolidation of smaller water systems to take advantage of scale economies and…more

Drinking Water, Industry Consolidation, State Water Boards, State Water Project, Utilities Sector

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Rick Rayl

Understanding the Tax Implications of Eminent Domain Proceeds When Property is Condemned

One of the issues that comes up frequently in eminent domain is whether the proceeds a property or business owner will receive from the government is treated as ordinary income, capital gains or is exempt from federal and/or…more

Condemnation, Eminent Domain, Fair Market Value, Property Owners, Property Valuation

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Andrew Reidy

An Insurance Coverage Checklist For PFAS Defendants

Per- and polyfluoroalkyl substances, known as PFAS, are the emerging contaminant of concern for both regulators and the regulated community. For example, in a May 28 article in The New York Times, titled "Lawyers to Plastics…more

Commercial General Liability Policies, Commercial Insurance Policies, Contamination, Environmental Policies, Hazardous Substances

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Patrick Richard

Podcast: Risk Management Lessons for Directors and Officers from Recent Bank Failures

The first half of 2023 has seen three bank failures, Silicon Valley Bank, Signature Bank and First Republic Bank. In 2008–the last time multiple FDIC-insured banks failed–the collapse of the economy and massive bank reform…more

Banking Crisis, Banking Sector, Banks, Board of Directors, CEOs

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Karen Roberts

Spotlight on Lobbyist Employers: New California Reporting Requirements Begin October 2016

Continuing its efforts to increase transparency in the political process in California, the Fair Political Practices Commission (FPPC) adopted a new regulation in early 2016 that is aimed at shedding light on “shadow lobbying.” …more

Corporate Counsel, Fair Political Practices Commission (FPPC), Lobbying, Lobbyists, Political Campaigns

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Benjamin Rubin

Supreme Court Holds that Legislative Impact Fee Programs Can Constitute a Taking

Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must…more

Building Permits, Constitutional Challenges, Construction Project, George Sheetz v County of El Dorado, Impact Fees

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Christine Ryan

[Webinar] Breaking the Bias: Conversations with Women Who Are Effecting Change - March 8th, 11:00 am - 12:00 pm PT

Nossaman’s Women’s Affinity Group is hosting a virtual panel discussion in celebration of International Women’s Day. We are bringing together a group of dynamic women to discuss this year’s theme for International Women’s Day,…more

Bias, Diversity, Gender Discrimination, Gender Equity, Sexual Stereotyping

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Joseph Saka

An Insurance Coverage Checklist For PFAS Defendants

Per- and polyfluoroalkyl substances, known as PFAS, are the emerging contaminant of concern for both regulators and the regulated community. For example, in a May 28 article in The New York Times, titled "Lawyers to Plastics…more

Commercial General Liability Policies, Commercial Insurance Policies, Contamination, Environmental Policies, Hazardous Substances

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Gregory Sanders

[Event] 2019 California Coastal Law Conference - September 10th, Huntington Beach, CA

Nossaman LLP invites you to join us for the 4th California Coastal Law Conference at SeaCliff Country Club in Huntington Beach on September 10th! This in-depth seminar will feature officials from the California Coastal…more

Affordable Housing, Building Permits, California Coastal Commission, Coastal Real Estate, Continuing Legal Education

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Simon Santiago

Essentially, Road Work Continues

In his Infra Insight Blog post on April 15, Fred Kessler reported on how the budgets for state departments of transportation, which rely heavily on federal and state fuel tax revenues, are suffering due to reduced traffic volume…more

Construction Project, Construction Workers, Coronavirus/COVID-19, Critical Infrastructure Sectors, Funding

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Samantha Savoni

Service Lists Suwannee Alligator Snapping Turtle as Threatened with a 4(d) Rule

On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis) as a threatened species with a 4(d) rule under the Endangered Species…more

Conservation, Endangered Species, Endangered Species Act (ESA), Environmental Policies, ESA Listings

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Ann-Therese Schmid

[Webinar] Buy America Implementation and Compliance (or How I Learned to Stop Worrying and Love the Build America Buy America Act) - March 19th, 11:00 am - 12:30 pm PT

Join us on March 19, 2024 for the next presentation in our Infra Insight webinar series focusing on the Build America Buy America Act. While the Build America Buy America Act aims to promote domestic manufacturing and support…more

Buy America, Federal Contractors, Infrastructure, Manufacturers, Project Management

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Douglas Schwartz

No Exception for the Masses: Update on the Corporate Transparency Act

As many of you may have seen in the news, on March 1, 2024, a federal district court in Alabama found the Corporate Transparency Act (CTA) unconstitutional. The suit, National Small Business United v. Yellen (National Small…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Congressional Authority, Constitutional Challenges

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Ilse Scott

On-Demand Webinar | Protecting Information in a Work-From-Home World

Each month, Nossaman's complimentary Employment BUZZ webinar series covers a different topic of interest to employers, including tax, insurance, intellectual property and employment issues. These "quick hit" 30-minute programs…more

Best Practices, Data Privacy, Data Protection, Data Security, Employment Policies

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Artin Shaverdian

[Webinar] Show Me the Money: How the Infrastructure Investment and Jobs Act Will Benefit Public Projects - February 24th, 11:00 am - 12:00 pm PT

The Infrastructure Investment and Jobs Act, hailed by the White House as a “once-in-a-generation investment in our nation’s infrastructure and competitiveness,” became law on November 15, 2021. This new $1.2 trillion policy…more

Bridges, Broadband, Continuing Legal Education, Energy Sector, Funding

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Steven Silva

Water Agencies Beware Before Proceeding with Forced Municipalization

Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to improve…more

Eminent Domain, Infrastructure, Municipalities, Property Owners, Water

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Alfred Smith II

Back to the Boardroom: California Local Agency Teleconferencing Rules for 2023 and Beyond

With Governor Newsom’s announcement that the COVID-19 State of Emergency will be lifted in California effective February 28, 2023, many local public agencies are considering their next steps for returning to their boardrooms…more

California, Coronavirus/COVID-19, Governor Newsom, State and Local Government, Teleconferences

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Anna Tang

[Webinar] Breaking the Bias: Conversations with Women Who Are Effecting Change - March 8th, 11:00 am - 12:00 pm PT

Nossaman’s Women’s Affinity Group is hosting a virtual panel discussion in celebration of International Women’s Day. We are bringing together a group of dynamic women to discuss this year’s theme for International Women’s Day,…more

Bias, Diversity, Gender Discrimination, Gender Equity, Sexual Stereotyping

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Stanley Taylor

Water Storage and Dam Management Strategies in Light of Climate Change Impacts

There can be little argument that many of the more than 90,000 dams in this country are in need of immediate attention. The catastrophic failure of two dams in Michigan last month following an extraordinary amount of rain in a…more

Climate Change, Dams, Infrastructure, Renewable Energy, Water

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Robert Thornton

U.S. Supreme Court Limits Federal Jurisdiction Over Wetlands

In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters. The…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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Mariel Turner

New Internet Communications Rules Issued in Time for 2024 Election

More than 15 years after the Federal Election Commission (FEC) issued its first Internet Communications regulations, and 11 years after the start of the current Internet Communications Disclaimer rulemaking, the FEC voted 5-0…more

Federal Election Commission (FEC), Political Campaigns, Political Candidates, Social Media

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Alexander Van Roekel

New California Legislation on Water Issues

The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not…more

California, Environmental Policies, Groundwater, New Legislation, State Water Boards

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James Vorhis

[Webinar] Navigating Risks: Adapting Insurance to Align with Evolving Methods of Project Delivery - May 30th, 12:00 pm - 1:30 pm PT

Insurance on a project is a vital tool with which to manage project risk. In a warming world with ever larger and more complex projects, insurance becomes that much more important to ensure that projects can stay on track after…more

Construction Industry, Infrastructure, Insurance Industry, Project Management, Risk Management

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Ashley Walker

California Water Policy: What Happened in 2023 and Where Are We Going?

The year started with a bang, with a lot of new Members of the Legislature, and more seasoned Members, invigorated and motivated to tackle some major water policy and funding issues for California. While some significant water…more

California, Climate Change, Environmental Policies, Infrastructure, Natural Resources

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Paul Weiland

Groups Petition California Fish and Game Commission to List Western Burrowing Owl

On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea) as…more

California, California Fish and Game Commission, Center for Biological Diversity, Conservation, Critical Habitat

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Henry Weinstock

Appellate Court Upholds Santa Maria Groundwater Judgment & Physical Solution

On November 21, 2012, the California Court of Appeal (Sixth District) handed down its lengthy and long-awaited ruling in the Santa Maria groundwater litigation, which commenced in 1997. Although it reverses the Judgment on one…more

Groundwater

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Alexander Westerfield

California Supreme Court Grants Review of First Post-Alameda Decision on Compensation Earnable Restrictions — Amicus Curiae Briefs Due August 2024

In surprising news for the California county retirement system community, on April 17, 2024, the California Supreme Court granted review of Ventura County Employees’ Retirement Ass’n v. Criminal Justice Attorney’s Ass’n of…more

Employee Benefits, Public Retirement Boards, Retirement, Retirement Plan, State-Sponsored Retirement Plans

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Geoffrey Yarema

Angels Flight to Re-Open through Los Angeles P3

The Angels Flight Railway Foundation, represented by Nossaman LLP and Shumaker Mallory LLP, reached a historic agreement with a team led by ACS Group and including Sener Engineering and Systems, to put the iconic Angels Flight…more

Infrastructure, Public Private Partnerships (P3s), Public Projects, Railways, Surface Transportation

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