Nossaman LLP

777 South Figueroa Street 34th Floor
Los Angeles, CA 90017 , United States

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EPA Not Required to Consult on Air Quality Regulation Regarding Four Corners Power Plant

On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Indiana I-69 Section 5 Availability Payment Project Closes Financing

On July 23, 2014, the Indiana Finance Authority closed financing on its second availability payment P3 project, the I-69 Section 5 highway project, a 21-mile reconstruction project located outside of Bloomington Indiana, the…more
| Construction Law, Finance & Banking, Zoning, Planning & Land Use, Government Contracting

Proposed Critical Habitat Rules Change Reach of the Endangered Species Act

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,…more
| Environmental Law, Zoning, Planning & Land Use

Secretary Foxx and PHMSA Release Much-Anticipated Proposed Rule On Crude By Rail Tank Car Standards

The U.S. Department of Transportation Secretary Anthony Foxx and the Pipeline and Hazardous Materials Safety Administration (PHMSA) recenlty released a much-anticipated Notice of Proposed Rulemaking (NPRM) to improve the safe…more
| Energy & Utilities, Transportation

Important Insurance Coverage Cases On the Horizon

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California the Hartford Insurance Company has been dominating the insurance…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law, Insurance

NMFS Releases Final Recovery Plan for Central Valley Salmonids

The National Marine Fisheries Service (NMFS) has released its final recovery plan for Central Valley spring-run Chinook salmon, Sacramento River winter-run Chinook salmon, and Central Valley steelhead. Sacramento River…more
| Environmental Law, Zoning, Planning & Land Use

Supreme Court Grants Certiorari to Review D.C. Circuit Decision Hampering Amtrak's On-Time Performance

On June 23rd, the U.S. Supreme Court granted the government’s Writ of Certiorari to review the decision of the D.C. Circuit that many believe may be hampering Amtrak’s leverage with freight railroads and its on-time performance…more
| Administrative Law, Civil Procedure, Constitutional Law, Transportation

U.S. Fish and Wildlife Service Proposes Credit Program for At-Risk Species

The U.S. Fish and Wildlife Service (Service) recently announced a proposed policy establishing credits for voluntary prelisting conservation actions for imperiled species. The policy is intended to establish an additional…more
| Environmental Law, Zoning, Planning & Land Use

State and Local Communities Respond to Crude-by-Rail Safety Issue

July 6 marked the one year anniversary of the crude oil derailment in Lac Megantic Quebec, which significantly heightened throughout North America the awareness about safety issues surrounding crude by rail. This heightened…more
| Energy & Utilities, Transportation

Federal Circuit Makes ITC Comply With Its Own Rules

In an opinion dated July 18, 2014, in Align Technology, Inc. v. International Trade Commission (Fed. Cir. July 18, 2014, No. 2013-1240, -1363) 2014 U.S. App. Lexis 13717, the Federal Circuit vacated and remanded a decision of…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Intellectual Property, International Law & Trade

Motions in Limine May be Used in Eminent Domain Proceedings to Determine Party's Interest in Property

"Motions in limine" are motions made shortly before trial, and they're typically filed in an attempt to limit the introduction of evidence to the jury. They are a powerful tool in eminent domain proceedings, and can be used to…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential

Speculation Mounts Over Impending Crude By Rail Rule

As speculation over the federal government’s forthcoming rule on rail shipments of crude oil grows, two items hit the press last week increasing speculation over the details of the reforms…more
| Energy & Utilities, Transportation

Time Limit to Transfer Base Year Property Tax Value Expanded for Eminent Domain Takings

Californians who have owned their properties for years understand the benefits of Proposition 13: their property taxes are based upon the property's purchase price (with only small allowable annual increases), as opposed to the…more
| Civil Procedure, Constitutional Law, Real Estate - Residential, Taxation, Real Estate - Commercial

Forum-Shopping Insurance Companies' Latest Tricks

Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed…more
| Civil Procedure, Commercial Law & Contracts, Environmental Law, Insurance, Products Liability

Missoula, MT and Apple Valley, CA Team Up for Water Fight

In what might appear as a strange pairing, the city of Missoula, Montana and Apple Valley, California are collaborating on how to take back their local water systems. As reported by the Missoulian, the water systems for both…more
| Commercial Law & Contracts, Constitutional Law, Energy & Utilities, Zoning, Planning & Land Use
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