Nossaman LLP

Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing

On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, “Water Contractors”) lacked Article III standing to pursue…more
| Civil Procedure, Constitutional Law, Environmental Law, Zoning, Planning & Land Use

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure…more
| Civil Remedies, Constitutional Law, Elections & Politics, Real Estate - Commercial, Real Estate - Residential

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the Congressional…more
| Administrative Law, Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled…more
| Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology

MBC Disciplinary Guidelines Relieve Licensees of Onerous Probation Condition

On February 3, 2017, the Medical Board of California (MBC) published the much-anticipated 12th Edition of its Manual of Model Disciplinary Orders and Disciplinary Guidelines (Guidelines).  Drafts of this latest edition had been…more
| Health

Fifth Circuit Issues Contentious Dissent Over Designation of Louisiana Land

On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical habitat…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry…more
| Constitutional Law, Energy & Utilities, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Wheeling & Dealing with California Water: "Fair Compensation" under the Wheeling Statute

Setting rates for wheeling water has always been complicated, and it is not getting any easier. The Third District Court of Appeal issued a recent decision in Central San Joaquin Water Conservation District v. Stockton East…more
| Energy & Utilities

Tax Filing Gets Easier for Small Nonprofits

The IRS has released a new, interactive Form 990-EZ (Short Form Return of Organization Exempt From Income Tax) to make the annual chore of return filing even easier for “small” tax-exempt organizations, and help them avoid…more
| Nonprofit Law, Taxation

Endangered Species Act Case Roundup

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal Insecticide,…more
| Environmental Law, Zoning, Planning & Land Use

OCTA Signs DB Contract for $1.9 Billion Managed Lanes Project in California

Last week the Orange County Transportation Authority executed the design/build contract for the I-405 Improvement Project with OC405 Partners, a joint venture consisting of OHL USA and Astaldi Construction Corporation. With a…more
| Construction Law, Government Contracting, Taxation, Transportation

Utilizing the Congressional Review Act, Congress Moves Quickly to Repeal Numerous Obama-era Environmental Regulations

On Feb 2nd, for the second time in as many weeks, the U.S. Senate, invoking the Congressional Review Act (CRA), voted to repeal (i.e. “disapprove”) the Department of the Interior’s (DOI) Office of Surface Mining and Reclamation…more
| Elections & Politics, Energy & Utilities, Environmental Law

NARUC Release of Cybersecurity Guidelines should have Utility Companies on High Alert

On January 30, 2017, the National Association of Regulatory Utility Commissioners (“NARUC”) released Version 3.0 of “Cybersecurity A Primer for State Utility Regulators.”  This cybersecurity overview is an important reminder to…more
| Energy & Utilities, Privacy, Science, Computers, & Technology

[Webinar] Come Rain or Come Shine, Conservation is a California Way of Life - February 23rd, 1:00pm PST

Join Nossaman attorneys for a timely discussion of the impacts of record-setting winter storms on the statewide drought emergency and on the push to make conservation a “California Way of Life.” This webinar for CLE credit*…more
| Energy & Utilities, Environmental Law

Federal Contribution Limits for 2018 Election Cycle: Déjà vu Edition

The Federal Election Commission just announced the contribution limits for the 2017-2018 election cycle, and the big news is: they look a lot like the 2016 cycle limits. Under the Bipartisan Campaign Reform Act of 2002 (BCRA),…more
| Business Organizations, Elections & Politics
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