Nossaman LLP

Homeowners Cannot Recover for Blocked Views of Hollywood Sign

One of the most valuable assets many homeowners enjoy is their property’s view. If the government undertakes an activity that eliminates or obstructs that view, is an owner entitled to relief? In Boxer v. City of Beverly Hills…more
| Civil Procedure, Civil Remedies, Constitutional Law, Real Estate - Residential, Zoning, Planning & Land Use

Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit Compensation to Fees and Costs Relevant to Intervenor's Contribution

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public Utilities…more
| Administrative Law, Civil Procedure, Civil Remedies, Communications & Media Law, Energy & Utilities

Changing the ESA Listing Petition Process? Not as Much as You Might Think.

On April 21, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, “Service”) announced revisions to their proposed modifications to the Endangered Species Act (“ESA”) petition process…more
| Environmental Law

Automated People Mover at LAX – Submittal Instructions Issued for Operating System Suppliers

On April 18, 2016, Los Angeles World Airports (LAWA) reached an initial milestone in its Landside Access Modernization Program (LAMP) by issuing instructions for how automated people mover operating system suppliers can request…more
| Civil Procedure, Construction Law, Government Contracting, Transportation

Eminent Domain for California’s Social Infrastructure

While much of the focus in California lately has been on eminent domain for transportation projects, there’s some new condemnations moving forward in both Northern California and Southern California for social — or community —…more
| Civil Procedure, Real Estate - Commercial, Zoning, Planning & Land Use

Go Big Red-y for Design-Build! Nebraska Enables and Funds Innovative Highway and Bridge Procurements

Governor Pete Rickets followed through on a promise to rethink infrastructure delivery in Nebraska. Signing LB 960, the “Transportation Innovation Act,” into law, Nebraska is poised to clear its backlog of highway development…more
| Construction Law, Elections & Politics, Government Contracting, Transportation

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act Compliance When Granting Right-of-Way to Industrial-Scale Wind Farm

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for…more
| Energy & Utilities, Environmental Law, Indigenous Peoples, Zoning, Planning & Land Use

Congressional Hearings to be Held on New Critical Habitat Rules and Delisting under the Endangered Species Act

This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled…more
| Elections & Politics, Environmental Law, Zoning, Planning & Land Use

Two San Diego Projects Moving Forward

There are two interesting projects in San Diego County that are moving forward, both of which involve at least some use of eminent domain. The San Marcos Creek Specific Plan is proceeding in, not surprisingly, San Marcos. …more
| Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Update: A New Color to be Added to Mid-Atlantic Transit: The Maryland Purple Line

On April 6, 2016, the Maryland Board of Public Works unanimously approved the public-private partnership (“P3”) agreement for the Maryland Purple Line light-rail transit project, concluding the 30-day review period described in…more
| Government Contracting, Transportation

California Gets Serious About Pilot Program to Replace State Gas Tax

For years, policymakers and economists around the country have been well aware that the federal gas tax is dying. In its report to Congress, the National Surface Transportation Infrastructure Financing Commission, on which…more
| Elections & Politics, Energy & Utilities, Taxation, Transportation

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The court…more
| Environmental Law, Transportation, Zoning, Planning & Land Use

Fourth Circuit Finds Coverage for Information Breach under CGL Policy

For policyholders and attorneys that have feared the lack of coverage for data breaches under traditional policies (CGL, property), a recent ruling suggest that it is not time to write off those policies as a potential source of…more
| Civil Procedure, Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology

Two Florida P3 Bills Signed into Law

On Wednesday, March 30, 2016, Florida’s Governor Rick Scott signed two bills that further advance the state’s existing public-private partnership (P3) framework and provide additional guidance for implementing P3s. The two new…more
| Commercial Law & Contracts, Elections & Politics, Government Contracting

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North…more
| Civil Procedure, Environmental Law, Zoning, Planning & Land Use
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