Essential Environmental With Thierry Montoya

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  

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.

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.  

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.

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. 

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. 

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

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

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

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?  

Attorney Thierry Montoya explains what citizen standing means, and how to challenge it in environmental cases. 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: 02:30 - What does legal standing mean? 03:20 - The Lujan decision creates a 3-part test to determine standing  04:50 - The Spokeo requirement 10:00 - Center for Biological Diversity v. University of North Carolina at Chapel Hill  12:25 - Prairie Rivers Network v. Dynegy Midwest Generation, LLC 13:50 - Takeaways

Attorney Thierry Montoya explains Environmental Audits entail, and what business owners who receive a notice of environmental audit should do. 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:03:55 - What are Environmental Audits?05:45 - What to do if you receive a Notice of Environmental Audit06:40 - How audits begin: opening conference08:00 - What to do during the inspection09:20 - If the inspector exceeds the scope of the inspection10:08 - Closing conference10:52 - Post audit activities11:35 - How to handle requests for information14:22 - Notice of violation  

Attorney Thierry Montoya explains what buyers need to be aware of when they purchase properties that might be contaminated (also known as "brownfields"). What due diligence should they conduct, what potential exposure might they incur, and how can they protect themselves from potential liability?  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: 02:40 - Bona Fide Prospective Purchaser ("BFPP") defense to future liability | CERCLA | Who are "responsible parties?" | 10 conditions of BFPP 10:20 - Three BFPP threshold requirements: Perform all appropriate inquiries, "no affiliation" demonstration, acquisition after January 11, 2002 19:52 - Continuing obligations to maintain BFPP status 21:25 - Honor land use restrictions 21:55 - Fully cooperate with governmental requests for site assistance/access 22:55 - Comply with reasonable governmental requests for information/subpoenas 25:20 - Provide all legally required notices of a prior release of hazardous substances 25:50 - Other considerations to maintain BFPP status

Attorney Thierry Montoya explains what Phase 1 & Phase 2 environmental impact assessments are and why they are so important when buyers consider purchasing new property. 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:05:02 - What are Phase 1 Environmental Site Assessments?08:20 - Gasoline station usage10:32 - Due diligence12:00 - CERCLA15:22 - Innocent Land Owner Defense16:22 - Components of a Phase 1 assessment22:23 - Controlled recognized environmental conditions26:28 - Have your consultant review the assessment again33:29 - Phase 2 investigations