The Government Accountability Office’s (GAO) annual report on federal bid protests includes useful insights into federal procurement trends that can help state and local government agencies mitigate bid protest risks. Among other findings, the GAO’s 2025 fiscal year report identified
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Nossaman LLP is a law firm that publishes blogs focusing on legal developments related to environmental law, energy regulation, infrastructure, and government policy. Their content often covers legislative proposals, regulatory changes, and court decisions affecting water resources, renewable energy, endangered species protections, and federal contracting programs. The firm provides analysis on topics such as water infrastructure funding, wind energy permitting, Endangered Species Act regulations, and disadvantaged business enterprise certification rules. Their publications aim to inform readers about evolving legal frameworks and administrative actions impacting public and private sector stakeholders in these areas.
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GAO’s 2025 Bid Protest Annual Report: Prevalent Reasons for Sustained Bid Protests and How to Avoid Them
By Josh Burke
The Government Accountability Office’s (GAO) annual report on federal bid protests includes useful insights into federal procurement trends that can help state and local government agencies mitigate bid protest risks. Among other findings, the GAO’s 2025 fiscal year report identified…
Court Turns on the Tap for Potential Inverse Condemnation Claims Against Water Suppliers
Courts have historically denied inverse condemnation claims by property owners against water suppliers where the quality of water or chemicals used allegedly caused corrosion or damage to water pipes. However, under a recent line of cases, that bar to recovery…
Governmental Approval of a Private Development Cannot Trigger a Takings Claim
When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim? According to a recent California court decision, the answer is no – governmental approval of a private project cannot trigger…
The Impact of Governor Newsom’s Proposed Budget on Water Projects
On January 9, 2026, Governor Newsom announced his 2026-2027 $348.9 billion budget proposal. Contrary to his 2025 proposal, this proposal includes a deficit. However, this proposal’s deficit is only $2.3 billion, substantially less than in 2023 and 2024,…
Leadership Transition at California Department of Fish and Wildlife
By Paul Weiland
Longtime California Department of Fish and Wildlife (CDFW) Director Charlton “Chuck” Bonham recently stepped down after 15 years at the helm. His departure marks the end of the longest tenure in the Department’s 150‑year history. CDFW has principal responsibility to…
Bifurcation of Inverse Condemnation Liability Can Be Dispositive of Remaining Tort Claims
When a lawsuit involves both inverse condemnation claims and other tort claims, trial courts often bifurcate the proceedings. A recent unpublished opinion from the Third District Court of Appeal, Rainey v. Nevada Irrigation District, 2026 Cal. App. Unpub. LEXIS 231…
DWR Releases Subsidence Best Management Practices
On January 21, 2026, the California Department of Water Resources (DWR) published its Best Management Practices of the Sustainable Management of Groundwater – Land Subsidence (Subsidence BMPs). The press release details the importance of addressing subsidence, which costs Californians hundreds…
The Anatomy of an Eminent Domain Case in Washington State
In Washington State, when a public agency determines it needs to acquire property for a public project, the agency will work directly with the private property owner to negotiate a purchase price for the property rights needed. However, if the…
EPA Proposes Limitations to States’ Clean Water Act Section 401 Permitting Power
On January 15, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed rule titled “Updating the Water Quality Certification Regulations” (Proposed Rule). This rule implements changes to the Clean Water Act’s (CWA) Section 401 permitting process. EPA intends to…