Nossaman LLP

Up For Debate: What’s the Real Cost of Endangered Species Predation?

On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act…more
| Environmental Law, Zoning, Planning & Land Use

Wildlife Agencies Announce Final Critical Habitat Rules and Policy

On February 5, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the “Services”) announced the availability of two final rules and one policy addressing critical habitat under the…more
| Environmental Law, Zoning, Planning & Land Use

Recent Decisions Applying the Covalt and Hartwell Test

Two California Courts of Appeal recently reviewed decisions involving the California Public Utilities Commission in a pair of cases that build on the principles established by the California Supreme Court in Covalt and Hartwell…more
| Civil Procedure, Energy & Utilities

Republican Congressmen Introduce Legislation to Opt Out of Ninth Circuit

Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a proposed, to-be-created…more
| Civil Procedure, Elections & Politics, Environmental Law

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues Seminar - Feb. 24th, Los Angeles, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and…more
| Labor & Employment Law

The Door Is Open To Disparaging Trademarks

Federal Circuit Rules § 2(A) of tThe Lanham Act Unconstitutional - Refusal to Register Disparaging Marks Held Unconstitutional - On December 22, 2015, the Federal Circuit in In re Simon Shiao Tam ruled that Section…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Rights, Constitutional Law, Intellectual Property

NMFS Designates Additional Critical Habitat for North Atlantic Right Whales

On January 27, 2016, the National Marine Fisheries Service (NMFS) issued a final rule designating approximately 29,763 nautical square miles of marine habitat for the North Atlantic right whale (Eubalaena glacialis). The…more
| Environmental Law, Zoning, Planning & Land Use

The Water Board Will Consider Changes to Its Emergency Drought Regulation for 2016

El Niño is upon California. Yet, despite the ample rain and snow expected this winter, the State Water Resources Control Board (“Water Board”) is almost certain to extend its emergency drought regulation into 2016. The…more
| Energy & Utilities, Environmental Law

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues Seminar - Feb. 10th, San Francisco, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and…more
| Commercial Law & Contracts, Labor & Employment Law

FTA and FHWA Buy America Updates

Public agencies are routinely facing Buy America requirements in their infrastructure projects. Some of the most difficult situations involve how to satisfy Buy America obligations with public utility relocations. The rules…more
| Constitutional Law, Energy & Utilities, Transportation

[Event] Stay Ahead: Nossaman's 2016 Emerging Employment Issues Seminar - Feb. 9th, Sacramento, CA

Please join us for this complimentary presentation on cutting-edge employment law issues! California and federal employment laws are constantly developing and evolving so it is essential for human resource professionals and…more
| Civil Rights, Labor & Employment Law

Are Groundwater Pumping Fees or Charges Subject to Proposition 218? California Supreme Court to Resolve Conflicting Precedent

In 2015 California’s Sixth and Second District Courts of Appeal issued conflicting opinions regarding whether groundwater extraction fees or charges are subject to Article 13D of the California Constitution (Proposition 218). …more
| Constitutional Law, Energy & Utilities, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use

Senate Sportsmen’s Bill Would Delist Gray Wolves in Wyoming and Great Lakes Region

On January 20, 2015, the Senate Committee on Environment and Public Works approved S. 659, the Bipartisan Sportsmen’s Act of 2015, which complements the bill reported by the Senate Energy and Natural Resources Committee late…more
| Environmental Law, Zoning, Planning & Land Use

Recent Buy America Developments

At the end of 2015, two modal administrations of the United States Department of Transportation (US DOT) have encountered changes to their Buy America programs. Both the Federal Transit Administration (FTA) and the Federal…more
| Administrative Law, Elections & Politics, Government Contracting, International Law & Trade, Transportation

Design Liability and Right of Way Risk Allocation for Design-Build Projects

Design liability and right-of-way risk allocation are topics addressed in a legal research digest recently published by the Transportation Research Board’s National Cooperative Highway Research Program (NCHRP). The report,…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Transportation, Zoning, Planning & Land Use
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