Essential Environmental With Thierry Montoya

Thierry Montoya
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.

Episodes

  1. 07/11/2024

    Environmental Policy & Mediation

    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.

    1h 8m

  2. 03/20/2024

    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.

    1h 2m
  3. Are You The King or Queen of Your Castle in a Common Use Development?

    12/17/2023

    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) 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.

    1h 4m

  4. 10/14/2023

    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

    1h 1m

  5. 06/09/2023

    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

    57 min

  6. 04/03/2023

    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

    55 min
  7. 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?

    02/14/2023

    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?

    39 min
  8. Challenging Citizen Standing

    12/16/2022

    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

    18 min
  9. Environmental Audits

    12/02/2022

    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

    21 min
  10. Buying Potentially Contaminated Properties

    11/15/2022

    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 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

    30 min
  11. Phase 1 and Phase 2 Site Evaluations

    11/14/2022

    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

    47 min
  • 11 Episodes

About

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.

Information

To listen to explicit episodes, sign in.

Stay up to date with this show

Sign in or sign up to follow shows, save episodes, and get the latest updates.
Select a country or region

Africa, Middle East, and India

Asia Pacific

Europe

Latin America and the Caribbean

The United States and Canada