The high mountains of Hawaii, with their altitude and clear air, are some of the best places in the entire planet to build the telescopes which allow us to look beyond our world into deep space. But given that it seems that every development in Hawaii is subject to attack — even those you believed
Environmental law
Western Australia Supreme Court: GMO “Contamination?” No Worries, Mate
Earlier this year, we co-chaired the Hawaii Agriculture Conference, and one of the hottest items on the agenda was the “GMO” issue, now brewing in at least two Hawaii courts (the Kauai ordinance was challenged in federal court, while the Big Island ordinance was challenged in the Third Circuit).
We’re…
Hawaii’s “Environmental Court” – A Bad Idea Whose Time (Apparently) Is Nigh
A few months ago, we commented on the proposed “environmental court,” a bill working its way through the Hawaii legislature. We called it a bad idea, and hoped the Lawgivers would see the light and let this idea fade away.
It looks like we were unjustifiably optimistic, and both houses have now passed the bill…
Mississippi: Ferae Naturae Alligators Next Door Cannot Be A Private Nuisance
Yesterday, we posted one of those only-in-Hawaii kind of cases. Today, by coincidence, is one of those only-in-the-south type of cases:
The Christmases’ wild-alligator-nuisance claim is a case of first impression in Mississippi.
In Christmas v. Exxon Mobil Corp., No. 2011-CT-01311-SCT (May 15, 2014), the Mississippi Supreme Court held that a …
Former Clerk Of The Supreme Court: Govt “Bullying” And “Strong-Arming” Property Owners
Those of us who have been in the courtroom when the U.S. Supreme Court has conducted its sessions over the past decades will certainly recall the fairly tall guy in the fancy suit guiding the lawyers, press, and audience members where to sit, what to do, and the like. That was the Clerk of the…
New Article Of Note: Turning Koontz Into an Opportunity for More Resilient Communities
Here’s an article worth reading, co-authored by our colleague Edward Thomas (no relation, although we often kid that Ed is our brother-in-the-law), President of the Natural Hazard Mitigation Association, and a fellow who is concerned both with anticipating natural hazards such as sea level rise, hurricanes, and the like, as well as property rights. …
Fla App In Koontz VIII: We Were Right Before, Koontz Wins Again
The case that seemingly wouldn’t end — Coy Koontz, Jr.’s continuation of his late father’s case against the St. Johns River Water Management District over the WMD’s demand that they “pay to play” — has ended with its eighth appellate decision (including the now-famous visit to the U.S. Supreme Court), with another win for…
It Turns Out That Whiskey (Fungus) Is Also For Fighting, After All
You know the old saw, attributed to a variety of sources including Samuel Clemens, that “whiskey is for drinking, and water is for fighting over,” but here’s a decision from a U.S. District Court, that shows that whiskey is also for fighting over. Not quite whiskey, but a fungus that is claimed to be…
CFC: Denial Of Wetlands Dredge And Fill § 404 Permit = Taking = $4.2M Just Compensation
Remember the Lost Tree case? That’s the one where the Federal Circuit concluded that a single parcel owned by the plaintiff was the relevant parcel against which the impact of the Corps of Engineers’ denial of a § 404 wetlands dredge and fill permit is to be measured. The court overturned a Court of Federal…
Worth Reading – The Last Word On Honolulu Rail, And 2013 Eminent Domain Year In Review
It’s Friday, so we’re slacking a bit on the blogging. But our colleagues at the Nossaman firm have given us a couple of good pieces for our reading enjoyment.
- First is “9th Circ. Simplifies Enviro Process For Transit Projects,” by Robert D. Thornton. If his name sounds familiar, it’s because he’s the
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