Essential Environmental With Thierry Montoya

Hosted by Thierry Montoya

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Latest episode

Aug 2025

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EN-US

About the show

Each new episode will cover current issues concerning the environmental, natural resources, and land use topics from the business perspective — what businesses and property owners need to know about complying with environmental regulations and protecting themselves from potential exposure, and legal strategies when litigation is involved. Thierry will use his 35 years of environmental litigation and compliance experience to disentangle and demystify the complicated world of environmental law, to help the listener understand the countless acronyms and agencies they might come across.

Listen to episodes

14 recent

August 25, 202550 min

From CEQA to AI: Zach Friend on Governing Through Change

Thierry Montoya speaks with former Santa Cruz County Supervisor Zach Friend about his experiences in local government, as well as the California Environmental Quality Act (CEQA) and how it can be used to impede necessary development. They also analyze the potential impact of recent state-level reforms. Zach talks about the challenge of leading a community through major environmental disasters, including infrastructure damage, long-term recovery, and the ongoing insurance crisis. Thierry and Zach then discuss the need for proactive AI governance in the public sector. Learn more about Zach Friend at https://www.santacruzworks.org/ Watch Zach's TedX Talk, "Big Data's Coming To Your Town": https://youtu.be/VVQdehQzIOU?si=rSEXzSLsRqcPHa2N

May 5, 202523 min

Privileged or Discoverable? The Legal Status of Site Assessments in California

Thierry and guest Jay Tufano (of Ring Bender Law) discuss scenarios that might or might not qualify as privileged or discoverable. Time stamps: 04:08 — Work product doctrine 06:29 — Examples from California case law 15:16 — Crime-fraud exception 19:10 — Privilege logs 20:04 — Practical takeaways Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com.

April 28, 20251 hr 39 min

Appraising Environmentally Impacted Properties: An In-Depth Discussion with Orell Anderson, MAI, FRICS, ASA

Thierry and Orell discuss how environmentally impacted properties are appraised. Time stamps: 00:07:00 — Define an environmentally impacted property 00:11:37 — Examples of contaminated properties 00:17:23 — How does a site's environmental impact affect its appeal over time? 00:20:56 — Challenges of appraising contaminated properties 00:27:25 — Appraisal methods 00:35:14 — Challenges of appraising contaminated properties 00:39:53 — How do you deal with situations where remediation is underway or future environmental outcomes are uncertain? 00:49:19 — What is your most interesting case study in environmentally impacted property 00:57:54 — How do state/local regulations layer onto federal regulations? 01:09:29 — Industry standards 01:16:36 — How is technology transforming how we assess environmental risk? 01:22:09 — How might the new Trump Administration affect things? 01:28:38 — How does the role of the appraiser evolve in response to climate change? 01:32:41 — Final thoughts Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com.

July 11, 20241 hr 8 min

Environmental Policy & Mediation

Thierry speaks with mediator Gideon Kracov of ADR Services, Inc. about mediation's role in environmental policy, as well as strategies and approaches to mediation in general. Watch this episode in full: https://vimeo.com/982607532/aa10d33650?share=copy Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com.

March 20, 20241 hr 2 min

The uncertain future of brownfield redevelopment in California

Thierry speaks with Matt Winefield of Winefield & Associates and the Brownfield Braintrust Podcast about the uncertain future of brownfield redevelopment in California. Watch this episode in full: https://vimeo.com/924769056/15b4489c7f?share=copy Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com. The content of this episode reflects the views and opinions of Thierry Montoya and his guests, and does not constitute legal advice.

December 17, 2023Episode 91 hr 3 min

Are You The King or Queen of Your Castle in a Common Use Development?

Thierry speaks with attorney and author Barry Ross about his book Are You the King or Queen of Your Castle? Not If You Live in a Homeowner's Association (available for purchase on Amazon: https://amzn.to/47Ru3Ra) and the complex relationships between homeowners and homeowners associations. Watch this episode in full: https://vimeo.com/894184959 Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com. The content of this episode reflects the views and opinions of Thierry Montoya and his guests, and does not constitute legal advice.

October 14, 20231 hr 0 min

The Sustainable Groundwater Management Act in Practice

Tom Harder joins the show to help Thierry cover the ins-and-outs of the Sustainable Groundwater Management Act. Learn more about Tom at https://thomashardercompany.com/ Want to watch this episode? Catch it on Vimeo here: https://vimeo.com/873704083?share=copy Want to get in touch with the show? Contact Thierry Montoya at tmontoya@fbtlaw.com

June 9, 2023Episode 756 min

California Environmental Quality Act

Attorney Tina Wallis joins the show to help Thierry cover the ins-and-outs of the California Environmental Quality Act. Learn more about Tina at https://twallislaw.com/ Want to get in touch with the show? Contact Thierry Montoya at tmontoya@fbtlaw.com

April 3, 202355 min

Microplastics in Drinking Water, and California's New Testing Regulations

On September 7, 2022, the California State Water Control Boards issued requirements for testing microplastics in drinking water, becoming the first government in the world to establish health-based guidelines for acceptable levels of microplastics in drinking water. Jon Rohrer is the principal Hydrogeologist at Roux, providing environmental management and consulting. He joins the show to explain the new regulations and their implications for the regulated. Learn more about Jon and Roux at https://www.rouxinc.com/leadership/jon-rohrer-p-g-c-hg/ And connect with him on LinkedIn at https://www.linkedin.com/in/rohrerj/ Want to get in touch with the show? Contact Thierry Montoya at tmontoya@fbtlaw.com

February 14, 202339 min

Sackett v. EPA and the EPA's new definition of "waters of the United States" - What Does that Mean for Developers and Landowners in the Arid West?

The Environmental Protection Agency (EPA) has Clean Water Act authority to regulate "waters of the United States." But what exactly do we mean by "waters of the United States"? It's a more complicated question than it might seem. In this episode of Essential Environmental, attorney Thierry Montoya dives into the question by covering the pending Supreme Court decision in Sackett v. EPA, which concerns the EPA's ability to regulate development on wetlands; as well as the EPA's revised definition of waters of the United States, set to take effect on March 20, 2023, with take aways for California's developers and landowners. Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at https://www.frostbrowntodd.com. The content of this episode reflects the views and opinions of Thierry Montoya and does not constitute legal advice. Time stamps: 02:01 - EPA's enforcement authority under Clean Water Act's definition of "waters of the United States" might be about to change 05:00 - Sackett v. EPA, explained 15:05 - SCOTUS addressed "waters of the United States" in three prior cases 22:20 - EPA's new rule defining "Waters of the United States" will take effect on March 20, 2023 25:07 - What does all of this mean for landowners and developers?