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  • Article

    Federal Court Dismisses Fishing Industry Challenge To Massachusetts Offshore Wind Project

    On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States...
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Rescission Of The “Harm” Rule: Where Do We Stand

    As we previously reported, on July 14, 2026, the U.S. Fish & Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a final rule to rescind the definition of “harm” from their Endangered Species Act (ESA) implementing regulations (Final Rule).
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Unified Agenda Forecasts Proposed And Final Listings And Critical Habitat Designations For Species Found In Eastern States

    As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda)...
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Important Updates To California's "Pay To Play" Contribution Bans Go Into Effect In 2025

    In 2022, California lawmakers expanded the Levine Act (Government Code Section 84308) to apply to local elected officials.
    United StatesGovernment, Public Sector
    Nossaman LLP
    Nossaman LLP
  • Article

    IEEPA Tariff Refunds: Who Really Owns The Money?

    Since the Supreme Court invalidated the International Economic Emergency Powers Act (IEEPA) tariffs, refunds are on everyone’s mind. Learning Resources, Inc. v. Trump, 607 U.S. ___, No. 24-1287 (2026).
    United StatesInternational Law
    Nossaman LLP
    Nossaman LLP
  • Article

    City's Planning To Acquire Property Does Not Trigger Precondemnation Damages Or Inverse Condemnation Liability

    Planning and constructing large public works projects can take years. When those projects will impact private property, owners are left in a difficult situation...
    United StatesReal Estate and Construction
    Nossaman LLP
    Nossaman LLP
  • Article

    Come And Take It And The Basics Of Condemnation In Texas

    In 1831, the colony of Gonzales requested a cannon for defense that was granted by the Mexican authorities.
    United StatesReal Estate and Construction
    Nossaman LLP
    Nossaman LLP
  • Article

    The Most Expensive Eminent Domain Mistakes Often Happen Before The Case Is Filed

    When people think about eminent domain disputes, they usually think about appraisers, lawyers, depositions and trials. But I’ve found that many times the greatest impact on the ultimate cost of a case happens long before anyone files a complaint. That is true for both sides.
    United StatesReal Estate and Construction
    Nossaman LLP
    Nossaman LLP
  • Article

    Vital News: California To Tax SaaS Soon

    About half of U.S. states impose sales tax on software as a service (SaaS) and other digital products in some form — and this isn’t a matter of high-tax “blue” versus low-tax “red” states.
    United StatesTax
    Nossaman LLP
    Nossaman LLP
  • Article

    Comment Period Closing Soon On The Proposed Listing Of Two California Salamanders

    The U.S. Fish & Wildlife Service has reopened the public comment period on proposals to list two California salamander species under the Endangered Species Act, with significant new developments including a proposed exception for livestock grazing activities and supplemental economic impact analysis. The agency is seeking evidence-based feedback on the proposed 4(d) rule, critical habitat designations, and potential impacts on small entities before the August 6, 2026 deadline.
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Federal Agencies Release National Blueprint For Transportation Decarbonization

    On January 10, 2023, the Biden-Harris administration released the U.S. National Blueprint for Transportation Decarbonization ("Blueprint")...
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Public Officials And Social Media Posts: U.S. Supreme Court Provides Guidance On First Amendment Compliance

    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...
    United StatesMedia, Telecoms, IT, Entertainment
    Nossaman LLP
    Nossaman LLP
  • Article

    AI Lessons:  What Eminent Domain Practitioners And Litigants Should Learnfrom Emerging Case Law

    A comprehensive resource examining the legal framework, procedures, and implications of eminent domain proceedings. Explore how government entities exercise their power to acquire private property for public use, the constitutional protections afforded to property owners, and the compensation mechanisms that balance public interest with individual rights.
    United StatesReal Estate and Construction
    Nossaman LLP
    Nossaman LLP
  • Article

    CEQA Reform Is Here | Part 3: CEQA Litigation Reform

    In this third and final update on the CEQA amendments contained in the 2025 budget trailer bills we focus on the SB 131 provisions that relate to CEQA litigation reform.
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Worse Than Vermin: Restaurant Buyer Gets Stuck With Seller’s Unpaid Sales Tax Tab

    You wouldn’t buy a restaurant or bar without doing a “walk-through,” checking staff and clientele and kicking the floorboards for rats or cockroaches.
    United StatesTax
    Nossaman LLP
    Nossaman LLP
  • Article

    U.S. Fish And Wildlife Service Issues Revised Mitigation Policies

    On May 15, 2023, the U.S. Fish and Wildlife Service (Service) issued two mitigation policies: one titled "Mitigation Policy" and another titled "Endangered Species Act Compensatory Mitigation Policy."
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Retirement Board's Limits On Inclusion Of "Straddled" Leave Cashouts In Retirement Allowance Determinations Affirmed By Second DCA

    On January 4, 2024, the Second District Court of Appeal, Division 6, unanimously rejected the first lawsuit challenging a county retirement board's implementation of the California Supreme Court's...
    United StatesEmployment and HR
    Nossaman LLP
    Nossaman LLP
  • Article

    DWR Certifies EIR For Delta Conveyance Project – Advancing Controversial Project And Setting Up Likely Legal Showdown

    After releasing the final environmental report (EIR) for the Delta Conveyance Project on December 8, the Department of Water Resources (DWR) certified it on December 21, 2023.
    United StatesEnvironment
    Nossaman LLP
    Nossaman LLP
  • Article

    Be Careful Buying Property That May Be Subject To A Future Public Acquisition

    Public infrastructure projects typically take years of planning. And sound government forecasting necessitates identifying future roads or extensions on general plan documents.
    United StatesReal Estate and Construction
    Nossaman LLP
    Nossaman LLP
  • Article

    Delaware Continues To Strike Down Overbroad Restrictive Covenants In Business Sales

    The Delaware Court of Chancery has reminded us again that the parties in business-sale transactions must precisely draft restrictive covenants to be enforceable.
    United StatesCorporate/Commercial Law
    Nossaman LLP
    Nossaman LLP

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