PODCAST

Digging Into Land Use Law

Nossaman LLP

For more than 75 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.

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Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms
Dec 17 2021
Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms
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, flood control and storm water treatment and management.
Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms
Dec 17 2021
Southern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of Worms
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, flood control and storm water treatment and management.
CERCLA at 40: The Monster That Often Eats the Village
Jul 12 2021
CERCLA at 40: The Monster That Often Eats the Village
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 uninhabitable were bulldozed as a part of the cleanup. Since its enactment, CERCLA has become the predominant site remediation vehicle and its reach has expanded far beyond the typical landfill sites to include factories, waterways, mining sites and recreational areas. Moreover, CERCLA’s impacts extend beyond contaminated sites into many aspects of commerce. In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use partners Leslie Nellermoe and Reed Neuman discuss some places to look for the CERCLA monster and offer possible strategies to harness the beast.
Market Rent Adjustment Provisions in Long-Term Ground Leases
Jun 9 2021
Market Rent Adjustment Provisions in Long-Term Ground Leases
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 issue in the dispute, the different valuation approaches taken by the ground lessor and ground lessee, the differences in approaching valuations in California versus other jurisdictions and how the arbitration panel ruled. They also discuss ways to draft rent-adjustment provisions to more clearly lay out the adjustment process and to hopefully reduce the likelihood of litigation.​
What’s in a Wetland: An Overview of Federal and State Developments in Defining Jurisdictional Wetlands
Apr 6 2021
What’s in a Wetland: An Overview of Federal and State Developments in Defining Jurisdictional Wetlands
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 current lay of the land is at both the federal and state levels, and offer some predictions for how that might change in the coming years.
The Rights of Land Owners Impacted by Easements
Mar 1 2021
The Rights of Land Owners Impacted by Easements
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 benefits and burdens of easements by land owners and developers that use these legal rights to enhance the value of their land.
Digging Out of the 2020 Elections
Dec 10 2020
Digging Out of the 2020 Elections
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, as well as trends that they noted in the election outcome and how the results might impact policy decisions going forward.
What Happens When the Fish Move? A Look at the Practical/Legal impacts of Climate Change on American Fisheries
Nov 28 2020
What Happens When the Fish Move? A Look at the Practical/Legal impacts of Climate Change on American Fisheries
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 fishery managers to manage fisheries sustainably in the face of impacts from climate change and whether legal changes are needed to ensure sustainable U.S. fishing in the face of these daunting transformations.
CEQA Streamlining for Transportation Projects
Nov 26 2020
CEQA Streamlining for Transportation Projects
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. In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use Group Partners Rob Thornton and Liz Klebaner discuss recent legislative and regulatory developments relating to CEQA streamlining specifically as they relate to transportation projects.
Valuation and Damages: Assessing COVID-19’s Economic Impact
Nov 20 2020
Valuation and Damages: Assessing COVID-19’s Economic Impact
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 the market and approaches to appropriately assess short-term versus long-term impacts.