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Digging Into Land Use LawDigging Into Land Use LawFrom Permits to Penalties: A Deep Dive Into Coastal Development LawIn this episode of Digging Into Land Use Law, John Erskine and Patrick Richard explore the challenges faced by developers and homeowners under the California Coastal Act (The Act). John and Patrick discuss the permitting process, the broad definition of “development,” enforcement actions with significant penalties and hot-button issues like seawalls. With practical tips on navigating regulations and responding to violations, this episode, part of a new series on The Act, is a must-listen for anyone involved in coastal zone property or development.2025-06-1719 minDigging Into Land Use LawDigging Into Land Use LawRewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act PermitsIn this episode of Digging Into Land Use Law, Byron Gee, Willis Hon and Sara Johnson review in detail the recent Supreme Court opinion in City and County of San Francisco vs. EPA and its implications for Clean Water Act permittees. They discuss both the immediate fallout of this recent opinion and what may come next from the Environmental Protection Agency (EPA) in the world of Clean Water Act discharge permits. As EPA and states conform their permitting regimes with this new case, there will almost certainly be significant impacts to the manner in...2025-05-2120 minDigging Into Land Use LawDigging Into Land Use LawThe Making Conservation a California Way of Life FrameworkIn the latest episode of Digging Into Land Use Law, Lori Anne Dolqueist and Alex Van Roekel discuss in detail the "Making Conservation a California Way of Life Framework" regulations and the impact they may have throughout California. Regulations went into effect at the beginning of 2025 and compliance is required by 2027. Lori and Alex detail this framework that will impact all urban retail water suppliers throughout the state – a category that covers about 95% of California residents.2025-03-1327 minDigging Into Land Use LawDigging Into Land Use LawThe Loper Bright Decision - What Really Happened to Chevron and What's NextIn the latest episode of Digging Into Land Use Law, Brooke Marcus and Paul Weiland discuss how "Chevron deference" has loomed large over administrative law during the past four decades. The Loper Bright decision overruled Chevron deference, and for those interested in federal administrative law or how this major Supreme Court decision will impact federal environmental and natural resource laws, Brooke and Paul explain the role of Chevron deference pre-Loper Bright, what the Loper Bright decision really did and what that means for federal environmental and natural resource laws going forward.2024-11-0742 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsReflections on the Demise of the SEC’s Private Fund Adviser Rule – LP and GP PerspectivesIn this episode, Nossaman's Yuliya Oryol and guests Chris Hayes & Jason Mulvihill provide LP and GP perspectives on the SEC’s Private Fund Adviser Rule. Both speakers were deeply involved with the proposed Rule – one worked with ILPA on behalf of the LP community to lobby the SEC to adopt the Rule in order to help institutional investors in their negotiations with GPs while the other worked with the AIC on behalf of the GP community and was instrumental in expressing GP objections and opposition to the Rule and developing the successful litigation to chall...2024-09-2046 minDigging Into Land Use LawDigging Into Land Use LawUnwritten Easements Part 1 | Implied EasementsIn 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 thought it had an easement, or even thought it owned land it did not. This is the first in a...2024-08-2218 minDigging Into Land Use LawDigging Into Land Use LawA New Way to Assess Natural Resource DamagesIn 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 27 years, and discuss who will be affected by the proposed revisions.2024-03-2420 minInfrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)Let the Good Times Roll--an IIJA Update!Shant Boyajian of Nossaman, LLP joins the Infrastructure Junkies to update listeners on the progress of the Infrastructure Investment and Jobs Act.  Has this funding caused the dramatic boom in the right of way industry as predicted?  What projects are being funded and how?  Have there been any surprises?  Is this just the beginning or is the money running out? And what's next for the right of way industry?  Listen in for answers to these questions and more about the largest influx of infrastructure funding we've ever seen! 2024-03-1245 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsCybersecurity Risk Management for Pension Plan Administrators: Tips for Staying Ahead of the HackersWith recent well-publicized data breaches impacting pension systems and their retirees nationally, as well as increased Department of Labor scrutiny surrounding cybersecurity policies and procedures implemented by ERISA employee benefit plan fiduciaries upon audit, the topic of cybersecurity risk management is even more top of mind for pension plan administrators.In this episode of Pensions, Benefits & Investments Briefings, Ashley Dunning and Michelle McCarthy welcome Peter Dewar, President of Linea Secure, and Amy Timmons, Senior Vice President of Administration & Technology Consulting at Segal, to discuss pension systems’ cybersecurity risk management and the impacts of artificial intelligence (AI), social engineering and “whaling,” as wel...2023-08-0231 minEminent Domain PodcastEminent Domain PodcastBrad Kuhn on Trying an Eminent Domain Case Facebook Twitter Gmail LinkedIn Brad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence.  There are some great nuggets of wisdom.   Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint2023-06-1923 minCome and Take It: The Eminent Domain PodcastCome and Take It: The Eminent Domain PodcastBrad Kuhn on Trying an Eminent Domain CaseBrad Kuhn of Nossaman, LLP in Orange County, California joins the podcast to talk about trying an eminent domain case to a jury and his thought process around voir dire, opening statements, and presentation of appraisal evidence.  There are some great nuggets of wisdom.    Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.2023-06-1923 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsRisk Management Lessons for Directors and Officers from Recent Bank FailuresThe first half of 2023 has seen three bank failures, Silicon Valley Bank, Signature Bank and First Republic Bank. In 2008–the last time multiple FDIC-insured banks failed–the collapse of the economy and massive bank reform followed.In this episode of Pensions, Benefits & Investments Briefings, Yuliya Oryol and Patrick Richard discuss risk management lessons for directors and officers to be drawn from these recent events. Were the challenges facing these banks unique, or are the risks more prevalent?2023-06-0815 minThe Bond Buyer PodcastThe Bond Buyer PodcastFinancing Gateway and the P3 PipelineGateway Deputy CFO Pat McCoy joins The Bond Buyer’s Caitlin Devitt to discuss the financing of the New York-New Jersey Gateway program, which includes the $16 billion Hudson Tunnel project. Also joining the podcast is Nossaman LLP attorney Corey Boock, who talks about current P3 trends and what the pipeline looks like heading into 2024. (36 minutes)2023-03-3035 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsSecure 2.0 Brings Big Changes to Retirement PlansCongress recently passed the SECURE 2.0 Act of 2022. Building on the Setting Every Community Up for Retirement Enhancement Act of 2019, SECURE 2.0 attempts to expand retirement plan coverage and increase retirement savings opportunities for United States workers. In this episode of Pensions, Benefits & Investments Briefings, Michelle McCarthy and Ashley Dunning discuss the key provisions of SECURE 2.0 most likely to impact 401(k) and 403(b) plans sponsored by large private-sector employers and also touch upon a few of the provisions that will impact 401(a) plans administered by governmental retirement systems.2023-03-1728 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsWhat Public Retirement Systems Need to Know Now About Changes to Actuarial Standard of Practice No. 4On February 15, 2023, changes to Actuarial Standard of Practice (ASOP) No. 4 will be effective, and defined benefit plans will need to comply with these new rules in all actuarial funding valuations with measurement dates after the effective date. In the latest episode of Public Pensions & Investments Briefings, Ashley Dunning welcomes Graham Schmidt, an actuary with Cheiron, and Todd Tauzer, an actuary with Segal, who explain three significant changes arising from the new ASOP and discuss some of the implications of those changes.2023-02-1636 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsOutliers and Oddities in Alternative Investment DocumentsInstitutional investors and other limited partners are often told they must accept certain terms and provisions in alternative investment fund documents because such terms “are market.” Who is responsible for creating these market terms and what can investors do to prevent undesirable deal terms from becoming the market standard? In this episode of Public Pensions & Investments Briefings, Courtney Krause discusses unusual provisions in alternative fund documents, including limited partnership agreements, side letters and subscription documents. Courtney explores how market terms are created, provides examples of non-standard terms, and discusses how investors can work to keep these seemingly one-off prov...2023-01-3025 minDigging Into Land Use LawDigging Into Land Use LawPlanning and Funding Climate Resilient California Coastal InfrastructureAccording 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 Lynn Coffee discuss state climate resiliency and environmental justice policies relating to coastal transportation and water infrastructure projects and available funding for such projects under the Inflation Reduction Act of 2022.2022-12-2056 minCALWA PodcastCALWA PodcastTelecom Advocacy in Sacramento - "How the Sausage is Made"Ever wonder how telecom legislation gets in place?  Is it simply a telecom-friendly elected official believes in what the industry is trying to accomplish?  It's a bit more complicated than that.  Our host, John Koos, interviews a real life Sacramento lobbyist, Nate Solov of Nossaman LLP.  Nate goes through the process of how legislation ends up on the Governor's desk in an easily understood way.2022-04-1326 minDigging Into Land Use LawDigging Into Land Use LawSouthern California Steelhead Trout: Potential Endangered Species Listing Opening Up a Big Can of WormsNotwithstanding 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.2021-12-1729 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsManaging IP, Data and Privacy Risks of Pension Administration SystemsRansomware and other cybersecurity attacks have made national headlines during the past 12 months, and public pension systems are as susceptible to these attacks as any other organization. In this episode of Public Pensions & Investments Briefings, Thomas Dover and Ashley Dunning discuss the protections public pension plans can put in place today to ensure these kinds of data privacy attacks are kept at bay. They also discuss other intellectual property issues every public pension plan administrator should be aware of in order to maintain the health of their organization.2021-10-2020 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsWhy Pension Systems May Find New Opportunities in P3 Infrastructure InvestmentsInfrastructure investment, whether through direct investments in specific projects or through commingled funds, is an attractive asset class for public pension systems and other institutional investors. In this episode of Public Pensions & Investments Briefings, Yuliya Oryol, Andrée Blais and Shant Boyajian introduce you to public-private partnerships (P3s) and alternative delivery methods for infrastructure projects. In addition to P3 projects in the U.S., they also discuss other countries, such as Canada, that have a more developed and mature market for investing in infrastructure projects by public pension systems and other institutional investors. Yuliya, Andrée and Shant also di...2021-09-0231 minDigging Into Land Use LawDigging Into Land Use LawCERCLA at 40: The Monster That Often Eats the VillageCongress 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...2021-07-1239 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsGetting the Most Out of Your Public Pension Plan Insurance CoverageAll public pension plans need a well-crafted fiduciary liability insurance policy. This should include ample coverage, including protection against the risk of impending litigation. The recent ruling by the U.S. Court of Appeals for the Ninth Circuit in favor of the San Joaquin County Employees’ Retirement Association (“SJCERA”) in its case against Travelers Casualty and Surety Company of America (“Travelers”) highlights the importance of understanding what to include in your insurance policy. The court found that Travelers had been in breach of contract and granted declaratory relief arising out of Travelers' denial of coverage under the duty-to-defend clause in SJCERA’s f...2021-07-0730 minDigging Into Land Use LawDigging Into Land Use LawMarket Rent Adjustment Provisions in Long-Term Ground LeasesIn 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...2021-06-0950 minPeople Places PlanetPeople Places PlanetEngage the Experts: Offshore Wind DevelopmentThere are many benefits to offshore wind, but what about its impacts on birds, bats, and other wildlife? In this episode, we "engage the experts” and listen in on a conversation between two experts in the field of environmental law and policy, Brooke Marcus Wahlberg, a Partner at Nossaman LLP, and Ed Roggenkamp, an associate. The two offer background on offshore wind, discuss obstacles and opportunities, and share recent developments, including what we might expect under the Biden Administration.  ★ Support this podcast ★ 2021-04-2946 minDigging Into Land Use LawDigging Into Land Use LawWhat’s in a Wetland: An Overview of Federal and State Developments in Defining Jurisdictional WetlandsIn 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.2021-04-0739 minPensions, Benefits & Investments BriefingsPensions, Benefits & Investments BriefingsHow Will the Biden Administration Impact Public Pension Investments?In this episode of Public Pensions & Investments Briefings, Nossaman Public Pensions & Investments Group Partner Peter Mixon and Institutional Limited Partners Association Senior Policy Counsel Chris Hayes discuss what impact the Biden administration could have on public pensions. They explore how the new administration may alter investment regulations to align with their key policy initiatives, and how public pension plan investors should approach investing to ensure compliance.2021-03-1629 minDigging Into Land Use LawDigging Into Land Use LawThe Rights of Land Owners Impacted by EasementsIn 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.2021-03-0123 minELONELONUn Tesla volador y un Tesla baratoSegún Elon Musk, el Roadster podría sobrevolar a uno o dos metros de altura, aunque la verdad dudo mucho que lo veamos existir. Patrocinador: Orange tiene nuevos episodios de Ahora Más Cerca, una serie de entrevistas a empresarios que cuentan cómo han transformado digitalmente su negocio en medio de la pandemia para salir más fuertes y ganar más clientes. --- Con el bueno de José Sáez-Merino (@josejacas) en el programa de nuevo, repasamos la visita de Elon Musk al podcast de Joe Rogan en la que explica cómo...2021-02-2130 minInfrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)Sea Level Rise, Wildfires, and COVID-19--OH MY!! Brad Kuhn Examines Each!Nossaman, LLP's Brad Kuhn joins your hosts to discuss sea level rise and wildfires in the context of inverse condemnation, as well as the projected effects of COVID-19 on the real estate market and the Uniform Relocation Act.  Our SoCal attorney friend also gives his assessment of Snoop Dogg and Sublime in this coast to coast episode.  And don't miss a special announcement---the inaugural class of the Infrastructure Junkie Hall of Fame!! 2021-02-0942 minDigging Into Land Use LawDigging Into Land Use LawDigging Out of the 2020 ElectionsFollowing 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.2020-12-1024 minDigging Into Land Use LawDigging Into Land Use LawWhat Happens When the Fish Move? A Look at the Practical/Legal impacts of Climate Change on American FisheriesIn 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.2020-11-2829 minDigging Into Land Use LawDigging Into Land Use LawCEQA Streamlining for Transportation ProjectsThe 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.2020-11-2617 minDigging Into Land Use LawDigging Into Land Use LawValuation and Damages: Assessing COVID-19’s Economic ImpactChanges 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.2020-11-2130 minPeople Places PlanetPeople Places PlanetEngage the Experts: The Shifting Landscape of Renewable Energy DevelopmentAs renewable energy development is happening throughout the country, changes in environmental regulations and related court decisions are impacting project development. What does this shifting terrain mean for the development, expansion and maintenance of renewable energy technologies? In this episode, we hear from Brooke Marcus Wahlberg, a Partner at Nossaman LLP, and her colleague Rebecca Barho as they unpack changes to environmental regulations and their related court decisions. Tune in to learn about what recent regulatory and judicial developments mean for renewables. ★ Support this podcast ★ 2020-08-1931 minPeople Places PlanetPeople Places PlanetEngage the Experts: Solar Energy & WildlifeThere are many benefits to solar energy, but what about its impacts on wildlife? In this episode, we "engage the experts” and listen in on a conversation between two experts in the field of environmental law and policy, Brooke Marcus Wahlberg, a Partner at Nossaman LLP, and Dr. Karl Kosciuch, a senior biologist at Western Ecosystems Technology, Inc. Brooke and Karl will discuss their work at the nexus of solar energy development and wildlife conservation. ★ Support this podcast ★ 2020-06-2449 minUCI Law TalksUCI Law TalksRick Hasen on Voting Rights and Election Integrity at the Time of COVID-19Chancellor’s Professor of Law and Political Science Rick Hasen discusses voting rights and election integrity at the time of COVID-19 with Professor of Lawyering Skills Henry Weinstein. Hosted by Veronica Gray, Partner of Nossaman LLP and UCI Law Board of Visitors Member. Introductions by UCI Law Dean L. Song Richardson. Recorded on June 4, 2020 via Zoom virtual presentation. Part of the UCI Law COVID-19 & the Law lecture series.2020-06-121h 00People Places PlanetPeople Places PlanetEngage the Experts: Wind Power & WildlifeThere are many benefits to wind energy, but what about its impacts on wildlife? In this episode, we "engage the experts” and listen in on a conversation between two experts in the field of environmental law, Brooke Marcus Wahlberg, a Partner at Nossaman LLP, and Joy Page, Director of the Renewable Energy and Wildlife team at the Defenders of Wildlife. Brooke and Joy will discuss their work at the nexus of wind energy development and wildlife conservation. ★ Support this podcast ★ 2020-05-1443 minILTA VoicesILTA VoicesILTA Radio: Trial Support A-Z Series - Trial TechnologyDescription: In this episode of the Trial Support A-Z series, we discuss in-court room trial technology and war room set ups. Topics covered include: Court room technologies - software and hardware needs Court room standards and protocols - judge standing orders and court room personnel War room set ups - identify the best locations, equipment and layouts Speakers: Christopher Acosta, the Director of Practice Support at Nossaman LLP, consults with practice groups and clients on e-discovery, data governance and efficiencies in legal project management. He handles the firm-wide coordination and promotion of practice technology, identifies and evaluates new...2016-08-2640 minILTA VoicesILTA VoicesILTA Radio: Trial Support A-Z Series - Trial PresentationDescription: In this episode of the Trial Support A-Z series, we discuss tips for trial presentation. The engaging conversation includes these topics: Visual aids for trial presentation Content and length Delivery Prepare and rehearse Speakers: Nicole Schnarre, BakerHostetler's Litigation Support Technology Manager, has over 14 years of experience in the legal technology industry. Nicole manages international and complex large-scale matters, develops innovative customized technology and consults on emerging technologies in the legal and technology industries. Christopher Acosta, the Director of Practice Support at Nossaman LLP, consults with practice groups and clients on e-discovery, data governance and efficiencies...2016-07-2148 minILTA VoicesILTA VoicesTrial Support A-Z Series - TimelinesDescription: While no one can predict the exact route a case will take, there is a general outline of various steps in civil litigation. In this first podcast in a series, we discuss these steps and provide an overview of the Trial Support A-Z Series. This podcast series aims to provide useful information and tools for everyone involved in litigation. We'll help you better understand the process, the various components involved, and the work and needs of different members of the entire litigation team -- lawyers, paralegals, project managers, litigation support personnel and others. Speakers: ...2016-03-1820 min