Well, that was quick. As we noted here, we recently argued a case in the Ninth Circuit (October 20, 2022) about whether a regulatory takings claim is ripe.
Not long after we posted the argument recording, the Ninth Circuit panel issued a short memorandum opinion rejecting our arguments wholesale (November 1, 2022).
So earlier this week, we asked the entire Ninth Circuit to take a look. Here’s our en banc petition.
We’ll leave it to you to read it and see why we think this one is ripe.