Nossaman LLP

Swart's Athwart California's Taxation of Out-of-State Corporations

The California Franchise Tax Board (“FTB”) started 2017 with a setback as the Court of Appeal for the Fifth Appellate District held in Swart Enterprises, Inc. v. Franchise Tax Board that the FTB could not impose California’s…more
| Administrative Law, Business Organizations, Civil Procedure, Taxation

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers…more
| Civil Procedure, Civil Remedies, Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use

NMFS Publishes Cook Inlet Beluga Whale Recovery Plan

On January 5, 2017, the National Marine Fisheries Service (NMFS) published notice of the availability of the final Recovery Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas). The Endangered Species Act (ESA) requires…more
| Environmental Law, Zoning, Planning & Land Use

Texas Cactus and Three Other Species Proposed for Downlisting or Delisting by U.S. Fish and Wildlife Service

On December 28, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), downlisting the species from endangered to…more
| Environmental Law, Zoning, Planning & Land Use

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may…more
| Labor & Employment Law

Planning for the 115th Congress and the Trump Administration

While the coming 115th Congress and Trump Administration seem to be anything but predictable, there are several known events that will help drive the timing of national, and some regional, policy debates. They should be…more
| Elections & Politics

First District Court of Appeal Speaks Again on Vested Rights as It Upholds the Constitutionality of PEPRA's Elimination of "Airtime" Service Credit Purchases

On December 30, 2016, Division Three of the First District Court of Appeal (“DCA”) issued a unanimous published decision in Cal FIRE Local 2881, et al. v. CalPERS, et al. (Dec. 30, 2016, A142793) (“CalFIRE Decision”) upholding…more
| Civil Procedure, Constitutional Law, Finance & Banking, Labor & Employment Law

U.S. Fish & Wildlife Finalizes First-Ever ESA Compensatory Mitigation Policy

On December 27, 2016, the U.S. Fish & Wildlife Service (FWS) issued its final Endangered Species Act (ESA) Compensatory Mitigation Policy (Policy) – the first policy to comprehensively address compensatory mitigation under the…more
| Environmental Law, Zoning, Planning & Land Use

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle Protection Act Enforcement

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and…more
| Environmental Law, Zoning, Planning & Land Use

[Webinar] Rate Issues and Design; Proposition 218 and Proposition 26 - January 12th, 1:00pm PST

Join Nossaman attorneys for a timely discussion of issues related to water rate design and pricing. This webinar for CLE credit* will explain the theory of water rate design and address similarities and differences between rate…more
| Energy & Utilities, Environmental Law

Comment Period Open on City of San Diego Vernal Pool HCP

On December 23, 2016, the U.S. Fish and Wildlife Service published a notice of availability and request for public comment in the Federal Register with respect to the draft Environmental Impact Report/Statement (EIR/S) for the…more
| Environmental Law, Zoning, Planning & Land Use

Value Trends of Gas Stations and Car Washes

In a previous post, “What is ‘Just Compensation’ For Gas Station Acquisitions,” we explored various methods for valuing gas stations and car washes in an eminent domain action, including a recommendation by a gas station…more
| Constitutional Law, Energy & Utilities, Real Estate - Commercial, Zoning, Planning & Land Use

New York Department of Financial Services Delays Compliance Deadline for Cybersecurity Regulations

On October 25, the Privacy Law Report featured a blog post on new cybersecurity regulations being implemented by the New York Department of Financial Services (“DFS”). Those regulations impose a number of requirements on…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Insurance, Science, Computers, & Technology

2016 Year-End ESA Round-Up

The last few weeks of 2016 involved several activities relating to the Endangered Species Act (ESA), including the following: On December 27, 2016, the U.S. Fish and Wildlife Service (FWS) issued the final ESA Compensatory…more
| Environmental Law, Zoning, Planning & Land Use

A Rise in the Tides for Water Infrastructure

It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN). WIIN includes the Water Resources Development Act of 2016…more
| Elections & Politics, Energy & Utilities, Environmental Law
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