Here are the cases and materials I either discussed, or planned to discuss (but ran out of time), in this morning’s session at the 32nd Annual Land Use Institute:
- Kaiser Aetna v. United States, 444 U.S. 164 (1979) (establishing that “navigability” for purposes of regulation is different in kind from navigability for purposes of the right to exclude (navigational servitude)).
- Williamson County ripeness at risk: Knick v. Township of Scott, No. 17-647 (cert. granted Mar. 5, 2018).
- Equal Footing Doctrine, Public Trust, and the public-private boundary on littoral property: Gunderson v. Indiana, No. 46S03-17060PL-423 (Indiana, Feb. 14, 2018),
- Hawaii Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018) (CWA permits, “point source,” and treated wastewater discharge).
- Washington v. United States, No. 17-268 (Indian treaties, state highways, and blockage of salmon). Oral argument transcript here.
- Public Service Co. of New Mexico v. Barboan, No. 17-756 (cert. petition filed Nov. 27, 2017) (is land only partially owned by an Indian tribe immune from a state’s power of eminent domain?).
- The (federal) Uniform Relocation Act and attorneys’ fees in inverse condemnation cases: Long v. South Dakota, No. 17-1168 (cert. petition filed Feb. 19, 2018).