ArticleSolar + Water Canals = Win-Win?On April 4, 2024, Governor Newsom and the U.S. Bureau of Reclamation (Bureau) announced that the Bureau awarded California $15 million for the Delta-Mendota Canal floating solar project. United StatesEnergy and Natural ResourcesNossaman LLP
ArticleWater Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation LiabilityWhen water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?United StatesEnergy and Natural ResourcesNossaman LLP
ArticleWhat Is The Difference Between Fee Simple, An Easement, Full Take, And Part Take?When one hears "eminent domain" or "condemnation," you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. United StatesReal Estate and ConstructionNossaman LLP
ArticleUPDATE: Federal Court Enjoins Biden Administration's WOTUS Rule In 24 StatesUPDATE: On April 21, 2023, the U.S. Court of Appeals for the Sixth Circuit granted the State of Kentucky's request for an administrative stay of the Biden administration's 2023 WOTUS rule.United StatesGovernment, Public SectorNossaman LLP
ArticleDraft EIR Released For Delta Conveyance ProjectA key priority of the Newsom Administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources...United StatesEnvironmentNossaman LLP
ArticleESA Regulations: Blanket 4(d) RuleOn November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the Endangered Species Act (ESA).United StatesEnvironmentNossaman LLP
ArticleAnticipating AB 890's Implementation: Now Is A Good Time For Medical Staffs To Get Their Ducks In A RowGiven California's shortage of primary care providers, nurse practitioners ("NPs") are increasingly being asked to fill gaps in provider coverage. United StatesFood, Drugs, Healthcare, Life SciencesNossaman LLP
ArticleDelaware, Nevada Or Texas – Which State's Corporation Statute Will Reign Supreme?To stem the recent tide of high-profile corporate "DExit" moves, Delaware has enacted Substitute 1 to Senate Bill 21 (SB 21) to amend the Delaware General Corporation Law (DGCL) effective March 25, 2025.United StatesCorporate/Commercial LawNossaman LLP
ArticleInverse Condemnation Exposure For California Water Suppliers May Be ExpandingFor decades, California water suppliers operated under a shield from inverse condemnation claims associated with delivery of water to their customers. Courts had rejected homeowners’ claims associated with pipe corrosion or pinhole leaks...United StatesEnergy and Natural ResourcesNossaman LLP
ArticleLearning Resources v. Trump: Limited Relief For Water Infrastructure CostsIf you have been following water infrastructure construction news over the past year, you have certainly been keeping up to date on the tariffs implemented by President Donald Trump and wondering how these tariffs have affected, and will affect, the price of water infrastructure projects throughout the United States. United StatesEnergy and Natural ResourcesNossaman LLP
ArticleNew Court Case Reasserts Reasonableness As A Limitation On Water UseOn April 2, 2025, the Court of Appeal for California's Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909.United StatesEnergy and Natural ResourcesNossaman LLP
ArticleESA Legislative UpdateThe Committee on Natural Resources (Committee) in the U.S. House of Representatives is considering a number of bills regarding wildlife, including bills to reauthorize the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).United StatesEnvironmentNossaman LLP
ArticleHabitat Definition No Longer Applies In Critical Habitat DesignationsOn June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration's 2020...United StatesEnvironmentNossaman LLP
ArticleService Proposes Listing Two Pond Turtle Species And Short-tailed Snake As Threatened With 4(d) RulesThe western pond turtle was split into two species, northwestern and southwestern, in 2017. United StatesEnvironmentNossaman LLP
ArticleWhen Governance And Peer Review Cross Paths: Lessons From NajibiA recent unpublished California Court of Appeal decision—Najibi v. Providence Valley Service Area Community Ministry Board—illustrates real-world tensions that arise when hospital boards and medical staffs approach the same situation from different institutional vantage points.United StatesFood, Drugs, Healthcare, Life SciencesNossaman LLP
ArticleFederal Court Issues Preliminary Injunction Based On Plaintiffs' Challenges To The USDOT's DBE ProgramOn September 23, 2024, the United States District Court for the Eastern District of Kentucky issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al., No. 3:23-CV-00072-GFVT, 2024 WL 4267183 (E.D. Ky. Sept. 23, 2024).United StatesGovernment, Public SectorNossaman LLP
ArticleArizona Court Of Appeals Holds Severance Damages Unavailable For Homeowners Whose Easements Were Extinguished In Eminent DomainThe Arizona Court of Appeals recently held that members of a homeowners' association are not entitled to severance damages...United StatesLitigation, Mediation & ArbitrationNossaman LLP
ArticleWhat Is A Proper Public Use Under Arizona Eminent Domain / Condemnation LawUnder Arizona’s Constitution, as under its federal counterpart, a condemning authority may acquire private property if the use to which the acquired property will be put is a proper public use. From the outset of any contemplated acquisition, it is imperative that a governmental entity determine that the purpose for the acquisition will constitute a public use. This article summarizes some of the law governing public use.United StatesReal Estate and ConstructionNossaman LLP
ArticleWhat Is "Immediate Possession" Under Arizona's Eminent Domain Statutes?When a municipality acquires private property in an eminent domain case, it must first pay just compensation to the property owner.United StatesReal Estate and ConstructionNossaman LLP
ArticleFederal And California Tax Relief For California StormsFederal and California tax agencies have announced several relief measures for taxpayers affected by the storms that started shortly before New Year's Eve and ended (for the time being)...United StatesTaxNossaman LLP