Here’s an article I recently published in the Zoning and Planning Law Report, Recent Developments in Regulatory Takings Law: What Counts as “Property?”, 34 Zoning & Planning Law Report (Thomson | West 2011).
If you subscribe to ZPLR, look for it in the mail (and if you don’t, you should).
If you are
Yesterday, I gave an informal presentation to the Natural Resources Section of the Hawaii State Bar Association about the case currently pending in the U.S. Supreme Court regarding the ability of property owners to challenge a determination by the U.S. Environmental Protection Agency that their property contained “wetlands” under the Clean Water Act, Sackett v.
Whenever a judge turns to rational-basis analysis, he’s basically saying, ‘You think two plus two equals five, and I don’t know how to add.’ –
Professor Richard Epstein, at an interesting debate sponsored earlier this evening by the Columbia Law School Federalist Society. Professor Epstein and Chief Judge Alex Kozinski (9th Cir.) debated the
This has been a pretty good week for my St. Louis colleague Thor Hearne.
First, he obtained summary judgment in the Court of Federal Claims for the property owners in a rails-to-trails case, Dana R. Hodges Trust v. United States, No. 09-289 L (Oct. 25, 2011). Next, his Cardinals come back from the
A reminder: on Tuesday, November 1, 2011, from noon to 1:00 p.m., I’ll be making a presentation to the Natural Resources Section of the Hawaii State Bar Association about the case currently pending in the U.S. Supreme Court about the ability of property owners to challenge a jurisdictional determination by the U.S. Environmental Protection Agency
We’re not all that down with the “occupy movement.” It seems too unfocused, too anti-competition, too anti-success for us to get on board with the idea that equality of result is what the American dream and our system are based on.
But things like this profile of MaryAnne Gilmartin, executive vice president of commercial and
Governor Abercrombie filed his opposition to the Star-Advertiser‘s motion for summary judgment, and his own cross-motion for summary judgment in the case in which the Star-Advertiser seeks disclosure of the JSC list from the Governor. The exhibits attached to these documents are posted here. [Disclosure: we represent the Star-Advertiser.] The hearing on
You remember the Hawaii Superferry, don’t you? In case your memory doesn’t go back that far, here are our posts on the Hawaii Supreme Court’s first opinion, and here are our thoughts on the second. What brings up this case now is then-Governor (and present U.S. Senate candidate) Linda Lingle’s recent statement, quoted by Honolulu
Here’s a worth-reading decision from the U.S. Court of Federal Claims (the court that has exclusive jurisdiction to hear major regulatory takings claims agains the federal government), litigated and won by colleague Mark (Thor) Hearne, II.
In Dana R. Hodges Trust v. United States, No. 09-289 L (Oct. 25, 2011), the CFC concluded