Space. The final frontier. These are the voyages of the telescope Thirty Meter. Its five year continuing mission: to explore strange new worlds. To seek out a Conservation District Use Permit from the Board of Land and Natural Resources, and navigate the treacherous waters of Hawaii administrative law. To boldly go where twelve other
Agriculture
Just Sayin: No Taking For FDA Salmonella Warning Which Killed Tomato Sales
In Dimare Fresh, Inc. v. United States, No. 15-5006 (Oct. 28, 2015), the Federal Circuit held that the FDA wasn’t liable for a taking when it issued an incorrect food safety warning that hurt the tomato market, because it was just a warning and didn’t come with coercive action like a quarantine or a…
Hawaii Joins Amici Brief In 2d Cir GMO Labeling Appeal
As noted in the Honolulu Civil Beat story, “Hawaii AG Backs Vermont GMO Labeling Law,” Hawaii has signed on to an amici brief in support of the State of Vermont in the Second Circuit appeal of a Vermont federal court’s ruling which rejected a challenge to Vermont’s requirement to label GMO products.
Nice Try: No, The Supreme Court Didn’t Make Wildlife Public Property In The Raisin Case
After the Supreme Court’s decision in Horne v. Dep’t of Agriculture, 14-275 (U.S. June 22, 2015), we were waiting for this shoe to drop. And now it has.
In “Raisin ruling seen as a lifeline for endangered species,” Environment & Energy writes, “[a] Supreme Court ruling that struck down an odd Depression-era raisin…
Wisconsin App: Town’s “Scare Gun” Permit Requirement Not A Taking
There are many ways to keep nuisance birds off of your building or away from your crops.
There’s this one, a plastic owl perched on the 4th floor of the Maui courthouse.
There are other devices: scarecrows, balloons, and even dead birds. But our favorite is the scare gun, a “propane powered gas gun…
ABA Annual Meeting Programming: Takings, Land Use, Supreme Court, Election Law, Appellate Traps
We’re in Chicago this week participating in the ABA Annual Meeting. While we really are looking forward to a slate of thrilling committee meetings, what we’re really anticipating is the CLE programming. Here are what we think are the highlights:
- Looming Land Use Constitutional Issues – Friday, July 31, 2:45 – 4:15 pm, Westin Chicago
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Mark Your Calendars For Upcoming Events: Takings, Sharing Economy, Fair Housing, etc.
If you need CLE credits, you are in luck. There’s a plethora of upcoming programs that may be of interest to readers.
First, the ones we’re involved with:
- The Takings Issue – August 10, 2015, 1 – 2pm ET (webinar) – from the International Municipal Lawyers Association. We’re joining Professors Dan Mandelker and John Echeverria,
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Horne v. USDA: Way More Than Silly Raisin Jokes
“Separate educational facilities are inherently unequal.”
Chief Justice Earl Warren,
Brown v. Board of Education
“The Fourteenth Amendment does not enact
Mr. Herbert Spencer’s Social Statics.”
Justice Oliver Wendell Holmes,
dissenting in Lochner v. New York
“…prejudice against discrete and insular minorities…”
Justice Harlan Fiske Stone, in footnote 4…
Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation – 31st Annual Conference, Chicago, July 30, 2015
The Land Use Institute, a program that for many years has been planned by co-chairs Frank Schnidman and Gideon Kanner, has found a new home with the American Bar Association’s Section of State and Local Government Law as the main sponsor. It also has a new Planning co-chair, Dean Patty Salkin of Touro Law…
Federal Court: Maui County GMO Regulation Ordinance Preempted by Federal And State Law
We were involved with this issue in the days leading up to the initiative election, and we represent an amicus party in this case, so we will post the court’s order without comment.
The title of this post tells you what you want to know.



