Episodios

  • Unpacking the Trump Administration’s Rescission of the Harm Definition

    Unpacking the Trump Administration’s Rescission of the Harm Definition
    Aug 11 2026
    In 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 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.
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    36 m
  • Mitigation Fees: Where Are We?

    Mitigation Fees: Where Are We?
    Jun 2 2026
    In 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 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.
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    32 m
  • From Permits to Penalties: A Deep Dive Into Coastal Development Law

    From Permits to Penalties: A Deep Dive Into Coastal Development Law
    Jun 17 2025
    In 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.
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    20 m
  • Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits

    Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
    May 20 2025
    In 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 which wastewater and stormwater permittees must comply with the Clean Water Act across the county.
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    21 m
  • The Making Conservation a California Way of Life Framework

    The Making Conservation a California Way of Life Framework
    Mar 13 2025
    In 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.
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    27 m
  • The Loper Bright Decision - What Really Happened to Chevron and What's Next

    The Loper Bright Decision - What Really Happened to Chevron and What's Next
    Nov 7 2024
    In 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.
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    43 m
  • Unwritten Easements Part 1 | Implied Easements

    Unwritten Easements Part 1 | Implied Easements
    Aug 22 2024
    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 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.
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    19 m
  • Planning and Funding Climate Resilient California Coastal Infrastructure

    Planning and Funding Climate Resilient California Coastal Infrastructure
    Dec 20 2022
    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 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.
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    57 m