Nossaman LLP

State Water Board Issues New Proposed Permitting Procedures for Dredge and Fill to Waters of the State

On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft “Procedures for Discharges of Dredged or Fill Materials to Waters of the State” (Draft Permitting Procedures). The…more
| Administrative Law, Environmental Law, Zoning, Planning & Land Use

Federal Wildlife Agencies Release Draft Revisions to Habitat Conservation Planning Handbook

On June 28, 2016, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) released draft revisions to their joint Habitat Conservation Planning Handbook (Handbook).  The proposed revisions are…more
| Environmental Law, Zoning, Planning & Land Use

Maryland Purple Line Concessionaire Achieves Financial Close – Time to Build!

Financing for the Maryland Purple Line closed on Friday, June 17 – marking an important milestone for the Maryland Transit Administration’s (and Maryland Department of Transportation’s) plan to deliver a transit solution to ease…more
| Construction Law, Finance & Banking, Government Contracting, Transportation

Data Breaches Response Costs Continue to Rise

SEC Chair Mary Jo White recently opined that cyber security is the biggest risk facing the United States financial system. Companies should take heed of that warning in light of the release of the 2016 Cost of Data Breach Study…more
| Commercial Law & Contracts, Insurance, Privacy, Science, Computers, & Technology

When does the statute of limitations set in on an insurer’s wrongful refusal to settle?

Normally, the statute of limitations sets in when “the cause of action shall have accrued,” to quote California Code of Civil Procedure section 312. In an effort to simplify that date for lay readers, the Sacramento County…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Supreme Court Declines to Give Chevron Deference to Agency Regulation that Departed from Prior Agency Practice

On June 20, 2016, the U.S. Supreme Court issued a 6-2 opinion in Encino Motorcars, LLC v. Navarro et al., holding that the U.S. Department of Labor (Labor Department) was not entitled to receive Chevron deference with respect to…more
| Civil Procedure, Environmental Law, Labor & Employment Law

Successful Proposer Selected for UC Merced 2020 Project

The Regents of the University of California announced on June 15, 2016 that it has selected Plenary Properties Merced as the successful proposer for the UC Merced 2020 Project…more
| Construction Law, Education, Government Contracting

SEC Fines Morgan Stanley for Data “Breach”

Last week, the SEC fined Morgan Stanley $1 million for two data security failures resulting in the exposure of personal information of 730,000 of its customers. Andrew Ceresney, the director of enforcement at the SEC stated,…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Courts Continue to Grapple with Data Breach Claims

Our last few blogs have focused on litigation under the Video Privacy Protection Act, including the recent ruling from the 10th Circuit in Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st…more
| Civil Procedure, Constitutional Law, Privacy, Health, Science, Computers, & Technology

Court Enjoins Wolf Releases in New Mexico

The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and…more
| Administrative Law, Civil Remedies, Environmental Law

Court of Appeals Holds CityCenterDC P3 Not Subject to Davis Bacon Requirements

Public agencies and private entities are increasing collaboration to develop, operate and maintain a variety of transportation and building projects. The involvement of a public agency in these “public-private partnerships” or…more
| Construction Law, Finance & Banking, Labor & Employment Law, Zoning, Planning & Land Use

Ninth Circuit Holds National Indian Gaming Commission Not Required to Conduct NEPA Review Before Approving Casino Gaming Ordinance

In Jamul Action Committee v. Chaudhuri, the United States Court of Appeals for the Ninth Circuit held that the National Indian Gaming Commission (Commission) did not violate the National Environmental Policy Act (NEPA) when it…more
| Art, Entertainment, & Sports Law, Conflict of Laws, Environmental Law, Indigenous Peoples, Zoning, Planning & Land Use

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities

On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a right-of-way…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Oklahoma DOT Seeks to Sell off State Owned Freight Rail Lines

Commonly when we think about state government owned railways, the image of commuter or light rail operations come to mind. But many states own freight railroads as well. In a few instances a state may have started its own…more
| Transportation

November Preview? Local bond & tax measures fared well in June

When a third of California’s registered voters turned up to vote this month, most of them got the chance to consider one of the 89 local bond and tax measures on their ballots. School construction bonds made up over half of…more
| Education, Elections & Politics, Taxation, Transportation
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