https://www.nossaman.comDigging 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.]]>enBusinessCopyright Nossaman LLPhttps://d3wo5wojvuv7l.cloudfront.net/t_rss_itunes_square_1400/images.spreaker.com/original/8af05c7be041f0fd03d6c62af67b9373.jpghttps://www.nossaman.comTue, 11 Aug 2026 16:17:12 +0000Nossaman LLPNossaman LLPnews@nossaman.comFor 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...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.]]>falseepisodichttps://www.spreaker.com/episode/unpacking-the-trump-administration-s-rescission-of-the-harm-definition--73629610Digging Into Land Use Law, Brooke Marcus and Paul Weiland discuss the Trump administration’s rescission of the regulatory definition of “harm” under the Endangered Species Act (ESA), which impacts how habitat modifications are viewed in relation to the prohibited “take” of protected species. 

Brooke and Paul explain the historical context of the definition through the Supreme Court’s Sweet Home decision and its reliance on Chevrondeference, noting that the recent Loper Bright ruling, which overruled Chevron, introduces uncertainty by shifting interpretive authority from agencies to courts. They also discuss the continued habitat protections under ESA Section 7, potential future regulatory and legislative responses, and how agencies, courts and Congress might redefine habitat and species protections in the future.]]>https://api.spreaker.com/episode/73629610Tue, 11 Aug 2026 16:17:09 +0000Nossaman LLPIn this episode of Digging Into Land Use Law, Brooke Marcus and Paul Weiland discuss the Trump administration’s rescission of the regulatory definition of “harm” under the Endangered Species Act (ESA), which impacts how habitat modifications are...Digging Into Land Use Law, Brooke Marcus and Paul Weiland discuss the Trump administration’s rescission of the regulatory definition of “harm” under the Endangered Species Act (ESA), which impacts how habitat modifications are viewed in relation to the prohibited “take” of protected species. 

Brooke and Paul explain the historical context of the definition through the Supreme Court’s Sweet Home decision and its reliance on Chevrondeference, noting that the recent Loper Bright ruling, which overruled Chevron, introduces uncertainty by shifting interpretive authority from agencies to courts. They also discuss the continued habitat protections under ESA Section 7, potential future regulatory and legislative responses, and how agencies, courts and Congress might redefine habitat and species protections in the future.]]>2144conservation,endangered,esa,fisheries,harm,marine,national,service,species,take,wildlifefalse62fullhttps://www.spreaker.com/episode/mitigation-fees-where-are-we--72298836Digging Into Land Use Law, Nossaman's Joseph Haney and Ben Rubin dive into the pivotal case of Sheetz v. County of El Dorado and discuss its far-reaching implications on the affordability of homes, not just in California, but nationwide. Listen as they unravel how a major legal decision could reshape housing costs through the lens of development, impact fees and local government constraints.]]>https://api.spreaker.com/episode/72298836Tue, 02 Jun 2026 16:29:07 +0000Nossaman LLPIn this episode of Digging Into Land Use Law, Nossaman's Joseph Haney and Ben Rubin dive into the pivotal case of Sheetz v. County of El Dorado and discuss its far-reaching implications on the affordability of homes, not just in California, but...Digging Into Land Use Law, Nossaman's Joseph Haney and Ben Rubin dive into the pivotal case of Sheetz v. County of El Dorado and discuss its far-reaching implications on the affordability of homes, not just in California, but nationwide. Listen as they unravel how a major legal decision could reshape housing costs through the lens of development, impact fees and local government constraints.]]>1918false61fullhttps://www.spreaker.com/episode/from-permits-to-penalties-a-deep-dive-into-coastal-development-law--66389501Digging 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.]]>https://api.spreaker.com/episode/66389501Tue, 17 Jun 2025 17:36:53 +0000Nossaman LLPIn 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...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.]]>1199beach,california,coastal,erosion,landuse,seawallfalse53fullhttps://www.spreaker.com/episode/rewriting-the-rules-the-supreme-court-s-landmark-decision-on-clean-water-act-permits--66176370Digging 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 which wastewater and stormwater permittees must comply with the Clean Water Act across the county.]]>https://api.spreaker.com/episode/66176370Tue, 20 May 2025 22:51:59 +0000Nossaman LLPIn 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...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 which wastewater and stormwater permittees must comply with the Clean Water Act across the county.]]>1230false52fullhttps://www.spreaker.com/episode/the-making-conservation-a-california-way-of-life-framework--64793672Digging 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.]]>https://api.spreaker.com/episode/64793672Thu, 13 Mar 2025 15:46:06 +0000Nossaman LLPIn 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...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.]]>1647board,california,conservation,dolquiest,outdoor,potable,state,vanroekel,variances,waterfalse51fullhttps://www.spreaker.com/episode/the-loper-bright-decision-what-really-happened-to-chevron-and-what-s-next--62583897Digging 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.]]>https://api.spreaker.com/episode/62583897Thu, 07 Nov 2024 16:53:34 +0000Nossaman LLPIn 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...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.]]>2565bright,cheveron,environment,litigation,loper,natural-resoursesfalse43fullhttps://www.spreaker.com/episode/unwritten-easements-part-1-implied-easements--61107996Digging 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 short series of podcasts on easements created without a written grant or reservation.]]>https://api.spreaker.com/episode/61107996Thu, 22 Aug 2024 07:45:02 +0000Nossaman LLPIn 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...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 short series of podcasts on easements created without a written grant or reservation.]]>1110borders,easements,equitable,estate,implied,neighboring,property,real,romero,shihfalse42fullhttps://www.spreaker.com/episode/planning-and-funding-climate-resilient-california-coastal-infrastructure--52232181Digging 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.]]>https://api.spreaker.com/episode/52232181Tue, 20 Dec 2022 17:17:05 +0000Nossaman LLPAccording 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...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.]]>3416100-year-storm,california,ceqa,climate,coastal,erosion,flooding,highways,infrastructure,ira,nepa,rail,transportation,waterfalsefullhttps://www.spreaker.com/episode/southern-california-steelhead-trout-potential-endangered-species-listing-opening-up-a-big-can-of-worms--47950971https://api.spreaker.com/episode/47950971Fri, 17 Dec 2021 19:40:21 +0000Nossaman LLPNotwithstanding 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...1793cesa,endangered,esa,floodcontrol,salmon,socalsteelhead,steelehead,steelheadcesalistingfalsefullhttps://www.spreaker.com/episode/cercla-at-40-the-monster-that-often-eats-the-village--45670290https://api.spreaker.com/episode/45670290Mon, 12 Jul 2021 19:23:26 +0000Nossaman LLPCongress 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...2369brownfields,cercla,contamination,epa,hazardous,ncp,nrd,pollution,prp,remediation,superfundfalsefullhttps://www.spreaker.com/episode/market-rent-adjustment-provisions-in-long-term-ground-leases--45233063https://api.spreaker.com/episode/45233063Wed, 09 Jun 2021 16:45:35 +0000Nossaman LLPIn 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....3041appraisal,arbitration,ground,lease,market,property,rentfalsefullhttps://www.spreaker.com/episode/what-s-in-a-wetland-an-overview-of-federal-and-state-developments-in-defining-jurisdictional-wetlands--44228205https://api.spreaker.com/episode/44228205Tue, 06 Apr 2021 22:26:11 +0000Nossaman LLPIn 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...2356water,wetlands,wots,wotusfalsefullhttps://www.spreaker.com/episode/the-rights-of-land-owners-impacted-by-easements--43552670https://api.spreaker.com/episode/43552670Mon, 01 Mar 2021 21:51:15 +0000Nossaman LLPIn 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...1398developers,easments,land,property,valuesfalsefullhttps://www.spreaker.com/episode/digging-out-of-the-2020-elections--42046249https://api.spreaker.com/episode/42046249Thu, 10 Dec 2020 21:00:00 +0000Nossaman LLPFollowing 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...1451biden,cannabis,cornovirus,diversity,elections,enrd,government,inclusion,lgbtq,ndaa,politics,president,senate,women,wrdafalsefullhttps://www.spreaker.com/episode/what-happens-when-the-fish-move-a-look-at-the-practical-legal-impacts-of-climate-change-on-american-fisheries--41686039https://api.spreaker.com/episode/41686039Sat, 28 Nov 2020 20:15:00 +0000Nossaman LLPIn 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....1782catch,ecosystems,fisheries,magnuson-stevens,marine,northwest,pacific,salmon,weatherfalsefullhttps://www.spreaker.com/episode/ceqa-streamlining-for-transportation-projects--41560709https://api.spreaker.com/episode/41560709Thu, 26 Nov 2020 01:19:00 +0000Nossaman LLPThe 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...1028ab2731,carbon,ceqa,eir,multi-modal,permitting,sb288,transit,vmt,wildfiresfalsefullhttps://www.spreaker.com/episode/valuation-and-damages-assessing-covid-19-s-economic-impact--41128377https://api.spreaker.com/episode/41128377Fri, 20 Nov 2020 23:09:00 +0000Nossaman LLPChanges 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...1838acquisition,covid-19,damages,recession,relocation,valuationfalsefull