Explainer Episode 85 - Rebuilding California: Lessons from the Pacific Palisades Fire
RTP's Fourth Branch Podcast
RTP's Fourth Branch Podcast
The 2025 Pacific Palisades Fire has underscored the challenges of building in California’s complex regulatory landscape. In response, Governor Newsom issued an executive order suspending CEQA and Coastal Act requirements to expedite reconstruction, raising important questions about the future of development in the state.
In this podcast, experts Jeremy Talcott and Donald Kochan examine California's regulatory environment before the disaster and the broader implications of its permitting processes in the effort to rebuild. Join us for an in-depth discussion on balancing efficient recovery with long-term regulatory considerations.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Attorney, Pacific Legal Foundation
Jeremy is an attorney in Pacific Legal Foundation’s Property Rights practice. He focuses on the fundamental rights of landowners to use and develop their property. He also leads PLF’s Coastal Land Rights Project, which puts him routinely at odds with the California Coastal Commission—but he wouldn’t mind being contacted about any government abuses in Hawaii or the U.S. Virgin Islands.
Some of his career highlights at PLF include forcing the mayor of Mount Dora, Florida, to publicly apologize for the city’s vendetta against the owners of a home painted like Van Gogh’s “Starry Night,” and obtaining an opinion ordering just compensation for the owners of a small offshore island in Florida (that just happened to be named after their war hero father), after government regulations stripped all economic uses of the property.
Jeremy obtained his undergraduate degree in communications from the University of Central Florida, but for every minute he spent in classes, he spent five more playing guitar or bass in several noteworthy-for-their-obscurity rock bands. A few tours across the country later, Jeremy realized he was spending all of his free time reading about the principles of liberty and decided to make a career out of it.
He graduated cum laude from Chapman University, Fowler School of Law in Orange, California, where he was president of the Federalist Society, senior articles editor of the Chapman Law Review, and “that guy who keeps trying to talk about the Constitution” on the Chapman moot court team. His two favorite parts of law school were externing for Judge Andrew J. Guilford in the Central District of California and getting the top grade in administrative law from his favorite professor.
Jeremy’s free time is almost never actually free, because he has 11-year-old twin boys and a golden retriever named Ripley (yes, as in Ellen Ripley, warrant officer of the Nostromo). But he will always find time to talk your ear off about freedom, guitars, or Nebraska football.