About Essential Environmental With Thierry Montoya
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.
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
5 May 2025
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 (https://www.frostbrowntodd.com/).
28 Apr 2025
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 (https://www.frostbrowntodd.com/).
11 Jul 2024
Environmental Policy & Mediation
Thierry speaks with mediator Gideon Kracov of ADR Services, Inc. (https://kracovadr.com/) 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.
20 Mar 2024
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.
17 Dec 2023
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 (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.
14 Oct 2023
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 (mailto:tmontoya@fbtlaw.com)
9 Jun 2023
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
3 Apr 2023
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 (mailto:tmontoya@fbtlaw.com)
14 Feb 2023
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?
16 Dec 2022
Challenging Citizen Standing
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
2 Dec 2022
Environmental Audits
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 Audit
06:40 - How audits begin: opening conference
08:00 - What to do during the inspection
09:20 - If the inspector exceeds the scope of the inspection
10:08 - Closing conference
10:52 - Post audit activities
11:35 - How to handle requests for information
14:22 - Notice of violation
15 Nov 2022
Buying Potentially Contaminated Properties
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 (mailto: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
14 Nov 2022
Phase 1 and Phase 2 Site Evaluations
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 usage
10:32 - Due diligence
12:00 - CERCLA
15:22 - Innocent Land Owner Defense
16:22 - Components of a Phase 1 assessment
22:23 - Controlled recognized environmental conditions
26:28 - Have your consultant review the assessment again
33:29 - Phase 2 investigations
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