Water rights | Public trust

Greenwire’s Lawrence Hurley has posted his preview of next week’s Supreme Court arguments in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012).

In Ark. girds for showdown with Army Corps over forest flooding, Hurley writes:

The Supreme Court’s job is to decide whether temporary flooding of

Here are links to worthwhile reads, all with a takings flavor:

Here’s the property owner/petitioner’s Reply Brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the Supreme Court takings case scheduled to be argued on October 3, 2012.

The Federal Circuit held that flooding caused by the Corps was only temporary that destroyed G&F’s trees did not

The Legal Information Institute at Cornell Law School has published its preview of Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the takings case set to be argued on October 3, 2012.

Petitioner, the Arkansas Game and Fish Commission (the “Commission”) sued Respondent, the United States, for

Those of you who attended the recent CLE session at the ABA Annual Meeting about Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012) may recall that Professor John Echeverria, the well-known environmental lawprof, said he was writing a brief in the case supporting the government’s arguments

Check this out. A report from the Maui News that “Environmental court would be perfect fit here – judge.” Apparently, there is an effort to get the Judiciary or the Legislature to form another court with specialized jurisdiction, either formally like the Family Courts, or more likely on a less formalized basis like

Here’s the federal government’s merits brief in Arkansas Game & Fish Comm’n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the case in which the Federal Circuit held that flooding caused by the Corps of Engineers was only temporary, and did not result in a compensable taking merely because it eventually stopped

When a Hawaii Supreme Court opinion starts off like this one, waxing poetic about “Na Wai Eha, or ‘the four great waters of Maui,'” you don’t need to read the remaining 88 pages to know what the inevitable result will be: the Water Commission got it wrong, again.

That’s the end result of the

This past week was the ABA Annual Meeting in Chicago. These things can often be endurance contests where you’re rushing from one meeting to another (is this the Executive Committee meeting or the Council meeting?), and it’s often hard to tell the players without a scorecard.

Sprinkled among these unexciting-but-productive sessions are the real meat

We are at the ABA Annual meeting this week, so don’t have a lot of time to keep up a long-distance practice and write up comprehensive blog posts, so we’re going to keep it short.

Here’s the latest takings decision from the Federal Circuit in a case we’ve been following, Estate of Hage v. United States