Today, April 12, 2024, in Sheetz v. County of El Dorado, the U.S. Supreme Court unanimously overruled more than two decades of California precedent, holding that legislatively established development impact fee programs must...more
In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more
3/25/2024
/ California ,
Censorship ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Government Officials ,
Lindke v Freed ,
O’Connor-Ratcliff v Garnier ,
Online Commentary ,
SCOTUS ,
Social Media
Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...more
The Supreme Court has granted certiorari in George Sheetz v. County of El Dorado, agreeing to answer the question of whether legislatively enacted development impact fees are subject to a lower level of constitutional...more
10/9/2023
/ Ad-Hoc Mandates ,
Building Permits ,
Certiorari ,
Construction Project ,
Eminent Domain ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Infrastructure ,
Real Estate Development ,
SCOTUS ,
Traffic Impact Assessments
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 over 3,750 miles exposed to temporary flooding....more
1/11/2023
/ California ,
California Coastal Commission ,
Climate Change ,
Coastal Real Estate ,
Environmental Justice ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Land-Use Permits ,
Railroads ,
Rising Sea Levels ,
Transportation Industry ,
Utilities Sector ,
Water Projects
According to the U.S. Court of Appeals for the Ninth Circuit, the answer is a definitive yes....more
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 over 3,750 miles exposed to temporary flooding....more
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 over 3,750 miles exposed to temporary flooding....more
11/17/2022
/ California ,
Continuing Legal Education ,
Environmental Justice ,
Erosion ,
Flooding ,
Highways ,
Inflation Reduction Act (IRA) ,
Infrastructure Financing ,
Transportation Industry ,
Utilities Sector ,
Water ,
Webinars
With Governor Newsom’s announcement that the COVID-19 State of Emergency will be lifted in California effective February 28, 2023, many local public agencies are considering their next steps for returning to their boardrooms...more
On October 18, 2021, the U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the humpback chub (Gila cypha), a fish endemic to portions of the Colorado River basin, from endangered to threatened under...more
In Knick v. Township of Scott, 139 S.Ct. 2162 (2019), the Supreme Court reversed over three decades of precedent when it eliminated the requirement that a plaintiff exhaust state court remedies before pursuing a takings...more
On September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021-2022) (“AB 361”), which incorporated into California state law some aspects of the teleconferencing rules that have applied by Executive Order to local...more
The California Coastal Act is a regulatory regime with many layers and complexities. Generally, however, the Act requires development within a designated coastal zone to obtain a coastal development permit. This permit may be...more
Earlier this week, the U.S. Fish and Wildlife Service (Service) published a Federal Register notice addressing 90-day findings for three separate species. With the notice, two species moved one step closer to being listed...more
7/30/2021
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Review ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
US Fish and Wildlife Service
In 1994, the U.S. Supreme Court issued its decision in Dolan v. City of Tigard, 512 U.S. 374, holding that in order for a dedication or exaction to pass constitutional muster, in addition to establishing an “essential nexus”...more
With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more
With the recent flurry of coastal law bills before the California State Legislature and the myriad headlines advising that we must retreat from the shore, sea level rise (SLR) and related climate change topics remain front...more
5/6/2021
/ Climate Change ,
Coastal Real Estate ,
Continuing Legal Education ,
Critical Infrastructure Sectors ,
Flood Management ,
Pending Legislation ,
Popular ,
Property Owners ,
Public Agencies ,
Real Estate Development ,
Rising Sea Levels ,
State and Local Government ,
Webinars
Sea level rise is a critical issue facing public agencies and property owners throughout the United States. In California alone, this phenomenon could impact thousands of residences and businesses, dozens of wastewater...more
In the 1978 amendments to the Endangered Species Act (ESA), Congress created the Endangered Species Act Committee, also know as the “God Squad.” The God Squad is composed of mostly Cabinet-level officials, and has the...more
While there is a healthy debate over just how much the sea level will rise over the next 50 years, there is at least a general consensus that the sea level will rise. What this means for those on the coast depends on the...more
The Sacramento Superior Court upheld a challenge to a decision by the California Fish and Game Commission to designate four subspecies of bumble bees as candidates for protection under the California Endangered Species Act...more
If you know someone with property that borders, is adjacent to, or abuts a natural lake, pond, bay, sea, or ocean, they may have littoral property rights. What that means is they may have the right to build a pier out to the...more
9/11/2020
/ Adjacent Property Owners ,
Construction Project ,
Eminent Domain ,
Environmental Policies ,
Navigable Waters ,
Permits ,
Property Owners ,
Public Access Laws ,
Real Estate Development ,
Urban Planning & Development ,
Waterfront Properties
In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more
8/10/2020
/ Contracts Clau ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Due Process ,
Eminent Domain ,
Eviction ,
Executive Orders ,
Governor Cuomo ,
Landlords ,
Local Ordinance ,
Petition for Writ of Mandate ,
Regulatory Takings ,
Rental Property ,
State Constitutions ,
Tenants
As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more
Since the U.S. Supreme Court’s decision in Knick v. Township of Scott (2019) 139 S.Ct. 2162 eliminated the requirement for a plaintiff to exhaust state court remedies before pursuing a takings challenge in federal court,...more