inversecondemnation.com: ▪ Hawaii Superferry EIS Case Posts

Here is a collection of all the inversecondemnation.com posts on the Hawaii Superferry litigation:

Case documents --

Hawaii Supreme Court opinion

Briefs of the parties

Oral argument recording (mp3)

Commentary and analysis --

9th Circuit: No First Amendment, NEPA Violation in Kauai Superferry Protest

"Drawbridge Protectionism," the Superferry EA/EIS, Raindrops, and Floods

Superferry EIS Case Summary, part I: Do Statutory Exemptions Mean Anything?

Superferry EIS Case Summary, part II: Throwing Open the Barn Door After the Horses Have Been Let Out

The Metaphysics of the Kauai Superferry Statute of Repose

NY Times on National Retailers, Honolulu Advertiser on Hawaii's Business Climate

Planet Kauai Reports Kauai TRO Denied

Planet Kauai Blogs The Kauai TRO Hearing

Charley Foster's summary of the arguments

Jan TenBruggencate's commentary on the HAWSCT Opinion

Dispelling some misconceptions about the Hawaii Superferry case

Whoa! That Was Fast: HAWSCT Reverses Superferry EIS Case 5 Hours After Orals

events | notices

All upcoming and past seminars, conferences, and events here
October 20, 2010
As a follow up to the live panel discussion of the Supreme Court's "judicial takings" case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Envt'l Protection, the ABA will be presenting a teleconference on the case.

I will again be moderating a panel with experts Professor John Echeverria (Vermont Law School), Jim Burling (Pacific Legal Foundation), Richard Frank (U.C. Davis Law School), and Dan Stengle (one of the attorneys who argued the case).

More details to be posted as they become available.

August 6, 2010
One of the featured CLE sessions at the 2010 American Bar Association annual meeting in San Francisco was the Section of State and Local Government Law's session on the beach renourishment case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Envt'l Protection, a case involving "judicial takings" and ownership of beachfront land. The Section of Real Property, Trusts, and Estate Law co-sponsored the session.

I moderated a panel discussing the case and its implications. Also on the panel were Professor John Echeverria (Vermont Law School), Jim Burling (Pacific Legal Foundation), Richard Frank (U.C. Davis Law School), and Dan Stengle (one of the attorneys who argued the case).

May 6, 2010
I presented a session on Are Courts Waking Up To Property Rights? at the Western Manufactured Housing Communities Association's Spring Seminar.

April 30, 2010
I moderated a presentation of the recently published book Takings International by Professor Rachelle Alterman, the Chair in Architecture/Town Planning at Technion Israel Institute of Technology.

In addition to Professor Alterman, the panel included Professor Russell Brown (University of Alberta) and Professor Bryan Schwartz (University of Manitoba) who gave details and criticisms of Canada's approach, Professor David Callies (University of Hawaii) discussing the Asia and Pacific approaches, and Professor Tom Roberts (Wake Forest University) comparing our homegrown system.

In a separate program on Land Use Hot Topics, I presented a paper Recent Developments in Challenging the Right to Take in Eminent Domain.

These sessions were part of the ABA State and Local Government Law Section's Spring Meeting in Miami.

September 2010