Here’s what folks are saying about yesterday’s 9-0 Supreme Court decision in Sackett v. EPA, No. 10-1062 (Mar. 21, 2012):
- Unanimous Supreme Court Rules in Favor of Property Owners in Sackett v. EPA (lawprof Ilya Somin at Volokh Conspiracy)
Unanimous SCOTUS: Property Owners Entitled To Judicial Review Of EPA “Compliance Order”
Update 2: more commentary here.
Update 1: Two quotes worth noting:
“Scalia joked in summarizing the decision from the bench that the Sacketts were surprised by the EPA decision that their land contained navigable waters of the United States ‘having never seen a ship or other vessel cross their yard.”” Oh Justice Scalia: you
Texas: “The protection of property rights, central to the functioning of our society, should not – indeed cannot – be charged to the same people who seek to take those rights away.”
In City of Dallas v. Stewart, No. 09-0257 (Jan. 27, 2012), the Texas Supreme Court provided a good reminder of the importance of property rights and due process, even when protecting rights may inconvenience the government. In that case, the court held that a determination by a city agency that a home was a
Cal App: “Denial” Of Rezoning Is The Same As “Adoption” Or “Amendment” Of Zoning For Limitations Purposes
Under California law, there’s a short statute of limitations (technically, it’s a “statute of repose” but who’s quibbling) for challenges to local government zoning decisions. The statute requires that a challenge must be filed within 90 days to “attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend
HAWSCT: Appellate Jurisdiction Triggered By Signed Water Commission Minutes
At yesterday’s Hawaii Water Law Conference, several presenters discussed what is known as the “East Maui water case” (that is easier to say than “In re Petition to Amend Interim Instream Flow Standards for Waikamoi, Puohokamoa, Haipuaena, Punalau/Kolea, Honomanu, West Wailuaiki, East Wailuaiki, Kopiliula, Puakaa, Waiohue, Paakea, Kapaula, and Hanawi streams“), which
Sackett v. EPA Oral Argument Round Up
Yesterday, the Supreme Court heard oral arguments in Sackett v. EPA, No. 10-1062 (transcript here). We were going to write up our thoughts, but minds immeasurably better than ours beat us to it. Concensus seems to be that the EPA is going to get smacked, but we can’t tell yet how hard. Our
Hawaii Water Law Conference (Jan. 11, 2012)
There is still time to join us for the upcoming Hawaii Water Law conference, to be held in Honolulu on January 11, 2012. I am the planning co-chair along with Jesse Souki, Director of the State of Hawaii Office of Planning.
In addition to Jesse and me, we’ve assembled a diverse and talented
Guest Post: Federal Courts Flashback – Takings And Vested Rights Challenge To Land Use Commission
Once again, our old friend and colleague Paul Schwind is following an interesting ongoing case. We’ve been tracking the “Bridge Aina Le`a” litigation, but have not had the time to digest the latest developments in a comprehensive fashion and Paul attended the recent federal court hearing in the federal phase, and has kindly provided
Montana Navigability Case Preview
Tomorrow, the U.S. Supreme Court will hear oral arguments in PPL Montana v. Montana, No. 10-218 (cert. granted June 20, 2011), a case in which the Montana Supreme Court disregarded 100 years of private or federal ownership of the riverbeds under more than 500 miles of river, and held that the state owned them.
Links From Today’s Webinar “Eminent Domain: Redevelopment Challenges for Local Government”
For those who tuned in to today’s webinar Eminent Domain: Redevelopment Challenges for Local Government, here are the cases I spoke about during my session:
- Amy Lavine’s law review article with the backstory of Berman v. Parker – Urban Renewal and the Story of Berman v. Parker, 42 Urban Lawyer 423 (2010) (article