Digging Into Land Use Law

Digging Into Land Use Law

For more than 80 years, Nossaman has been home to some of the brightest legal minds and most creative thinkers. We know the land, the law, the courts and the lawmakers and have earned a national reputation for assisting clients in achieving their goals. As a result, public agencies, private corporations, trade associations and non-profits from coast to coast trust us with their environment & land use, endangered species and natural resource law challenges. In our Digging Into Land Use Law podcast, our attorneys and policy advisors, along with some special guests, discuss the development of all things in, on or above the ground.

Episodes

Unwritten Easements Part 1 | Implied Easements

August 22, 2024 • 18 mins
In the latest episode of Digging Into Land Use Law, Nossaman's Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that gave a property owner exclusive use of a portion of the neighboring property. Implied easements are a creature of equity which can save the value and utility of property where a property owner thoug...
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A New Way to Assess Natural Resource Damages

March 24, 2024 • 20 mins
In the latest episode of Digging Into Land Use Law, Nossaman’s Brian Ferrasci-O'Malley and John O’Meara explore the Department of the Interior’s (Interiors) proposed rule to change the way agencies evaluate injuries to natural resources at contaminated sites and how much restoration will cost. They examine Interior’s new “Type A” rule for streamlined natural resource damage assessments, the first changes to that rule in more than 2...
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Planning and Funding Climate Resilient California Coastal Infrastructure

December 20, 2022 • 56 mins
According to California’s projections, the miles of highways susceptible to coastal flooding in a 100-year storm event will triple from current levels to 370 miles by 2100, with more than 3,750 miles exposed to temporary flooding. Coastal erosion and flooding also threatens California’s rail system and utility infrastructure. In this episode of Digging Into Land Use Law, Nossaman’s Shant Boyajian, Liz Klebaner, Ben Rubin and Mary L...
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Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms

December 17, 2021 • 29 mins
Notwithstanding its protected status as a listed species under the federal Endangered Species Act, the Southern California steelhead population is proposed for listing under the California Endangered Species Act. During a time of unprecedented drought and storm activity resulting from climate change, this move to list the species in California is likely to have major impacts on the provision of water and recycled water supply, floo...
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CERCLA at 40: The Monster That Often Eats the Village

July 12, 2021 • 39 mins
Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known also as Superfund, in 1980 to address the horror of sites like Love Canal where discarded toxic chemicals began oozing into neighboring backyards and basements, contaminating air, soil and water, and endangering human health and the environment. Many people were sickened and hundreds of homes that were found to be uninhab...
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Market Rent Adjustment Provisions in Long-Term Ground Leases

June 9, 2021 • 50 mins
In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground lease is stated unclearly. David and Maya, along with guest speaker Scott Delahooke, MAI, review a recent market rent adjustment arbitration concerning a long-term ground lease, the key California case law at is...
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What’s in a Wetland: An Overview of Federal and State Developments in Defining Jurisdictional Wetlands

April 6, 2021 • 39 mins
In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partner Mary Lynn Coffee and associate Stephanie Clark explore the eternal question – at least under federal and California law – what’s in a wetland? In recent years both the federal government and California have taken steps to provide a specific definition of what is a jurisdictional wetland. In this episode, we give a broad overview of what the curre...
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The Rights of Land Owners Impacted by Easements

March 1, 2021 • 23 mins
In this episode of Digging Into Land Use Law, Nossaman Real Estate partners Simon Adams and Karla MacCary get down and dirty and into the weeds of the rights of land owners that are impacted by easements. It can be important to know how these rights can be established given their effect upon property values. Simon and Karla examine the risk of easement creation and the correct precautions to be taken by owners. They also debate the...
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Digging Out of the 2020 Elections

December 10, 2020 • 24 mins
Following a historic 2020 election, with record voter turnout and multiple controversies amid a global pandemic, Nossaman Government Relations & Regulation (GRR) Chair Fred Dombo spoke from Washington, DC with Nossaman GRR Partner Amber Maltbie in Los Angeles about the likely policy consequences of the new Congress and the new Administration. Their conversation covers the potential for introduction of a large infrastructure package...
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What Happens When the Fish Move? A Look at the Practical/Legal impacts of Climate Change on American Fisheries

November 28, 2020 • 29 mins
In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use Group Partner Linda Larson and Associate Brian Ferrasci-O'Malley dive into the issues surrounding the effects of climate change on American fisheries and fishery management. The conversation covers how changing ocean conditions are impacting fish species that have been traditionally caught and enjoyed by Americans, what legal tools are available now for f...
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CEQA Streamlining for Transportation Projects

November 25, 2020 • 17 mins
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For large public infrastructure projects, the environmental review process can take years. Such projects can also be held up in the courts, even where the public agency has prepared a full Environmental Impact Report...
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Valuation and Damages: Assessing COVID-19’s Economic Impact

November 20, 2020 • 30 mins
Changes in how businesses operate, restrictions on property use and reduced revenues brought on by mandated closures due to COVID-19 have had a major impact on the real estate market and legal proceedings related to it throughout the United States. In this episode of Digging Into Land Use Law, Nossaman’s Eminent Domain & Valuation Group Chair, Brad Kuhn, and Grobstein Teeple LLP Director, Will Thomsen, discuss the current state of ...
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