Digging Into Land Use Law

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Aug 2026

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About the show

For 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 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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17 recent

August 11, 2026Episode 235 min

Unpacking the Trump Administration’s Rescission of the Harm Definition

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.

June 2, 2026Episode 131 min

Mitigation Fees: Where Are We?

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.

June 17, 2025Episode 319 min

From Permits to Penalties: A Deep Dive Into Coastal Development Law

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.

May 20, 2025Episode 220 min

Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits

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.

March 13, 2025Episode 127 min

The Making Conservation a California Way of Life Framework

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.

November 7, 2024Episode 342 min

The Loper Bright Decision - What Really Happened to Chevron and What's Next

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.

August 22, 2024Episode 218 min

Unwritten Easements Part 1 | Implied Easements

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.

December 20, 202256 min

Planning and Funding Climate Resilient California Coastal Infrastructure

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.

December 17, 202129 min

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.

July 12, 202139 min

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.