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
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
Fed Cir Bummer: Govt Bogarted None Of Your Kish, Slag, Or Scrap
In a case that uses terms that might reasonably lead you to think it was lifted from the script for the next stoner comedy, the U.S. Court of Appeals for the Federal Circuit, in Gadsden Indus. Park, LLC v. United States, No. 18-2132 (Apr. 22, 2020), held that an owner of land on
Shades Of Takings In Both Of Yesterday’s SCOTUS Opinions
Like that old radio bit “Chicken Man” (“He’s everywhere! He’s everywhere!“), it looks like the robed ones down at 1 First Street NE are, like us, seeing takings lurking in cases where takings may not be the first thing on the menu.
For example, in yesterday’s opinions about whether the Sixth
SCOVA Oral Argument: Does A City Have The Right To Pollute Chesapeake Bay?
Here’s the latest in a case we’ve been following. We even visited the site with our class last year.
Today, the Virginia Supreme Court heard argument on the petition for appeal (streaming above from the webstream, or download the mp3 here) in what we call the oyster case because it involves the property
Talkin’ ‘Bout My Palazzolo: Takings Claim Not Precluded Because Owner Purchased Land Already Subject To Wetlands Regs
As long-time readers know, we often kvetch about the way many courts ignore the Palazzolo rule that simply because someone obtains property subject to preexisting restrictions on use does not preclude them automatically from raising takings claims. See here, here, here, and here, for example. More about the Palazzolo case here, including
Unboxing The 2021 (Scottsdale) ALI-CLE Eminent Domain Conference Swag: Get Yours Today!
Missed out on the 2021 ALI-CLE Eminent Domain and Land Valuation Litigation Conference swag?
Well fear not: here’s your chance to get your high-class reminder — a kit of road warrior essentials — to save the Conference date on your calendar. We’re already underway with planning the agenda and faculty, so it’s never too soon
Complaint: Honolulu Sues Gas Companies (For Nuisance) To Recover The Cost Of Sea-Level Rise
Make what you will of this 205-paragraph, 114 page (including 128 footnotes) Complaint, filed yesterday by the Acting Corporation Counsel for the City and County of Honolulu and a battery of outside lawyers against gasoline producers, alleging that they are responsible to pay the costs of sea-level rise and other symptoms of what the
Cases And Materials From Today’s WM Law ACS Talk: “Pipelines at the Intersection of Environmental, Administrative, and Property Law: How Divergent Interests Joined Forces To Challenge Big Energy”
We just completed a fun hour-long talk with the students in the William and Mary Law School’s American Constitution Society, the Native American Law Society, and the Society on Environmental and Animal Law about the various pipeline cases that are ongoing nationwide. (If our tech worked, we shall post the audio recording in a future
Steve Silva (Taking Nevada) On Flood Takings, Torts, And Tortes
We were all set to take a deeper dive into the Court of Federal Claims’s recent opinion in the “downstream” Harvey flooding cases (we could not do so at the time the opinion was issued last week because we were tied up doing real lawyer stuff), when our Reno, Nevada colleague Steve Silva (who most