Nossaman LLP

Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San…more
| Construction Law, Education, Government Contracting, Zoning, Planning & Land Use

Highly Anticipated Ruling Curbs FTC’s Power to Bring Data-Breach Cases

Last week, after seven years of intense litigation, LabMD won its case against the Federal Trade Commission (“FTC”) resulting in an Administrative Law Judge setting a high bar for the FTC to bring data-breach lawsuits against…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the U.S…more
| Environmental Law, Zoning, Planning & Land Use

Right of Entry Statutes Are Back in Business – For Now

For decades, California public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with acquiring the…more
| Civil Procedure, Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

Los Angeles World Airports Announces DBFOM Procurements for $5 Billion Landside Access Modernization Program

Los Angeles World Airports (LAWA) staff today briefed its Board of Airport Commissioners on its plans to deliver and finance the estimated $5 billion Landside Access Modernization Program (LAMP) at Los Angeles International…more
| Commercial Law & Contracts, Construction Law, Transportation, Zoning, Planning & Land Use

Social Engineering Losses—Embarrassing Scam or Insured Loss?

The term Social Engineering keeps cropping up recently in the new world of cybersecurity—to what does this term refer? To a scam as old as the hills. You know the con: an innocuous person asks you to accept a cashier’s check…more
| Commercial Law & Contracts, Communications & Media Law, Insurance, Science, Computers, & Technology

Court Rejects Some, But Not All Challenges to Critical Habitat Designation of Private Land

In 2012, the U.S. Fish and Wildlife Service (Service) published a final rule designating 1,724 acres as critical habitat for the endangered Riverside fairy shrimp (Streptocephalus woottoni).  Included in that designation were 56…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

U.S. Fish and Wildlife Service Delists Delmarva Fox Squirrel

On November 16, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) removing the Delmarva fox squirrel (Sciurus niger cinereus) from the list of endangered and threatened species. Following its 2012…more
| Environmental Law

Three Signs that the U.S. is Growing More Comfortable with Innovative Project Finance and Public-Private Partnerships

Some recent events, taken together, provide evidence that policy-makers in the United States are growing more comfortable with public-private partnerships as a vehicle for project delivery, in particular with respect to the…more
| Commercial Law & Contracts, Finance & Banking, Government Contracting, Transportation

U.S. Fish and Wildlife Service Issues Updated Guidance to Streamline 90-Day and 12-Month Petition Findings.

On October 27, 2015, the U.S. Fish and Wildlife Service (“Service”) issued a memorandum to the Service Regional Directors announcing new guidance to streamline findings on petitions to list species under the Endangered Species…more
| Environmental Law

Oregon Fish and Wildlife Commission Removes Gray Wolf from State Endangered Species List

On November 9, 2015, the Oregon Fish and Wildlife Commission (Commission) voted to remove the gray wolf (Canis lupus) from protection under the Oregon Endangered Species Act.  The Commission meeting lasted almost 10 hours, with…more
| Environmental Law

Arizona Department of Transportation Receives Three Proposals for South Mountain Freeway P3 Project

A crucial highway improvement for the growing Phoenix region reached an important milestone November 2 when the Arizona Department of Transportation received proposals from all three short-listed teams vying to develop the Loop…more
| Construction Law, Finance & Banking, Government Contracting, Transportation

President Issues Memo regarding Mitigation of Natural Resources Impacts

On November 3, 2015, the President issued a memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” In it, he states “[t]his memorandum will encourage private…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use

Caltrans’ Highway 101 Overpass Condemnation Case Ends in Split Decision

For several years, we’ve been following an eminent domain lawsuit in Marin County involving Caltrans’ acquisition of 34 acres for a $29.7 million interchange project at the Redwood Sanitary Landfill, which would widen the…more
| Civil Remedies, Constitutional Law, Real Estate - Residential, Transportation, Zoning, Planning & Land Use

Oregon Department of Fish and Wildlife Recommends Delisting the Gray Wolf

On October 29, 2015, the Oregon Department of Fish and Wildlife (ODFW) announced that it believes that the gray wolf (Canis lupus) has met the criteria to be delisted from the state Endangered Species Act (Oregon ESA). Under the…more
| Environmental Law, Zoning, Planning & Land Use
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