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 08/25/2025

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 Watch Zach's TedX Talk, "Big Data's Coming To Your Town": /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/37951295

Privileged or Discoverable? The Legal Status of Site Assessments in California 05/05/2025

Privileged or Discoverable? The Legal Status of Site Assessments in California Thierry and guest Jay Tufano (of ) 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 . /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/36441105

Appraising Environmentally Impacted Properties: An In-Depth Discussion with Orell Anderson, MAI, FRICS, ASA 04/28/2025

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 . /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/36337440

Environmental Policy & Mediation 07/11/2024

Environmental Policy & Mediation Thierry speaks with mediator Gideon Kracov of about mediation's role in environmental policy, as well as strategies and approaches to mediation in general. Watch this episode in full: Want to get in touch with us? Contact Thierry at tmontoya@fbtlaw.com and visit FrostBrownTodd online at . /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/32096462

The uncertain future of brownfield redevelopment in California 03/20/2024

The uncertain future of brownfield redevelopment in California Thierry speaks with Matt Winefield of Winefield & Associates and the 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. The content of this episode reflects the views and opinions of Thierry Montoya and his guests, and does not constitute legal advice. /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/30461888

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: ) and the complex relationships between homeowners and homeowners associations. Watch this episode in full: 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. /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/29114178

The Sustainable Groundwater Management Act in Practice 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 /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/28313678

California Environmental Quality Act 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 /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/27083472

Microplastics in Drinking Water, and California’s New Testing Regulations 04/03/2023

Microplastics in Drinking Water, and California’s New Testing Regulations On September 7, 2022, the California State Water Control Boards issued 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 And connect with him on LinkedIn at Want to get in touch with the show? Contact Thierry Montoya at /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/26430876

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 . 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? /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/25926897

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 . 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 /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/25343553

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 . 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 /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/25203078

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 and visit FrostBrownTodd online at . 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 /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/25021656

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 and visit FrostBrownTodd online at . 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 /episode/index/show/1ca46e0b-3f57-4de9-8c86-828e749eb683/id/25002783

Essential Environmental With Thierry Montoya

TOPICS