In addition to the Hawaii Supreme Court hearing oral arguments in an admin, water law, environmental law case today, if you tune in earlier, you can eavesdrop on the California Supreme Court’s oral arguments in an inverse condemnation case, Weiss v. People ex rel. Dep’t of Transportation, a case we are following.
Hawaii Supreme Court Livestream Oral Argument In Water Rights, Admin Law Case (Tuesday, May 5, 2020, 10am HT, 1pm PT, 4pm ET)
Fire up your web browsers, turn up your speakers, and tune in tomorrow, Tuesday, May 5, 2020, at 10am Hawaii Time (1pm Pacific, 2pm Mountain, 3pm Central, and 4pm Eastern) for a first: the Hawaii Supreme Court will be livestreaming oral arguments in an important case about administrative law, water rights, environmental law
NC: There Isn’t Just One Way To Value An “Indefinite Negative Easement”
Back in December — only a few months ago, yet it seems like another world away — we attended oral arguments in Raleigh in a case we’ve been following for a long time, about North Carolina’s “Map Act.”
This case is the follow up (after remand) of the N.C. Supreme Court’s landmark decision in Kirby
Lawprof Josh Blackman Asks: “Is there an express cause of action under the Takings Clause?”
(Spoiler alert: we think the answer is “yes” — see below)
Delving into the latest Supreme Court opinion related to the Affordable Care Act, lawprof Josh Blackman (who recently wrote about bump stock takings), now asks a broader question: Is there an express cause of action under the Takings Clause? More pointedly he writes
Your Takings Cert Petition Checklist: Ninth Circuit, En Banc Denial, Concurral, Dissental, Circuit Split, PLF
If you were thinking of teeing up a case “just so” for Supreme Court review, what does your fevered quill-pen dream checklist look like? Well, here’s some of the usual things that are good indicators:
- The Ninth Circuit decided against you. That court may not truly have the distinction of being the most reversed federal
Tahoe-Sierra “Temporary” Moratoria Takings Front-and-Center Of First Shutdown Case To Reach SCOTUS
That was fast: the very first (as far as we can tell) case challenging the various coronavirus shutdown orders has reached the Supreme Court. See here, here, here and here, for other cases.
This is the Pennsylvania case we wrote about a couple of weeks ago. The one where where “
DC Cir (En Banc) Hears 3.5 Hours Of Oral Argument In Pipeline Public Use Challenge To FERC’s “Waiting for Godot” Process
If you missed the three-and-a-half hours (!) of this morning’s teleconferenced oral argument of the en banc U.S. Court of Appeals for the D.C. Circuit in a case we’ve been following (along with a related case), well, you are in luck. There are multiple ways to listen in. You can stream it from YouTube
New SCOTUS Amicus Brief Highlights Govt’s “Categorical Duty” To Compensate, Even Without Substantial Damage To Remainder
CHALLENGE: find the “damage” on the Loretto building
Here’s the amicus brief filed today by Pacific Legal Foundation that urges the Supreme Court to grant our cert petition in a case that asks:
To constitute a taking under the Fifth and Fourteenth Amendments, must a physical invasion also destroy or substantially impair an owner’s economically
We’re All Ad Hoccers Now: SCOTUS Penn Centralizes The Clean Water Act (“From” Is Too Hard To Define, So Here’s A List Of Factors)
As any takings lawyer can tell you, ad hoc rules and non-exhaustive lists of “factors” a fact-finder considers can be seductive. After all, shouldn’t the outcome of a case turn on its particular facts? Who could argue with that?
The problem lies when those factors are applied in a way that seems more like one
Takings Nerd Christmas: Fordham Urban Law Journal’s Knick Symposium (feat. “Sublimating Municipal Home Rules and Separation of Power in Knick v. Township of Scott”)
Lacking things to read during your shut-down? Well, we have the solution: the Fordham Urban Law Journal has devoted an entire issue to Knick and takings ripeness (“Taking Account: Procedure, Substance, and Stare Decisis in the Post-Knick World“).
Our article “Sublimating Municipal Home Rule and Separation of Powers in Knick v.