Ninth Circuit holds in San Francisco Baykeeper v. Cargill Salt Division (Nos. 04-17554, 05-15-51, Mar. 8, 2007):
We conclude that the district court improperly expanded the regulatory definition of "waters of the United States" when it held that bodies of water that are adjacent to navigable waters are subject to the CWA [federal Clean Water Act] by reason of that adjacency. Our conclusion is based on the CWA, the regulations promulagated by the agencies responsible for administering it, and the decisions of the Supreme Court addressing the reach of the Act and its regulations.
More on the CWA here.
this blog is...
- devoted to recent developments and commentary on regulatory takings, eminent domain, inverse condemnation, property rights, and land use law.
publisher
- Robert H. Thomas is a lawyer focusing on property, takings, eminent domain, and appellate law
He also serves as the Joseph T. Waldo Visiting Chair in Property Rights Law at the William & Mary Law School in Williamsburg, Virginia.
email | bio | publications
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Categories
- ▪ Co-19 (78)
- ▪ 42 U.S.C. § 1983 | Civil Rights (486)
- ▪ Administrative law (332)
- ▪ Agriculture (190)
- ▪ Appellate law (1595)
- ▪ Articles and publications (197)
- ▪ Attorneys Fees & Costs (111)
- ▪ Blight (51)
- ▪ Brigham-Kanner Conference (92)
- ▪ Civil Forfeiture (24)
- ▪ Court of Federal Claims | Federal Circuit (427)
- ▪ Development agreements (190)
- ▪ Due process (617)
- ▪ Eminent Domain | Condemnation (1474)
- ▪ Environmental law (733)
- ▪ Equal Protection (166)
- ▪ Floods and Flooding (37)
- ▪ Inverse condemnation (1533)
- ▪ Judicial Takings (94)
- ▪ Just Compensation | Appraisal (518)
- ▪ Land use law (1615)
- ▪ Municipal & Local Govt law (1249)
- ▪ Necessity (17)
- ▪ Nollan/Dolan | Exactions (375)
- ▪ Penn Central (456)
- ▪ Physical Invasion | Yee (12)
- ▪ Pipelines (105)
- ▪ Police Power (62)
- ▪ Property rights (2185)
- ▪ Property tax (85)
- ▪ Public Use | Kelo (805)
- ▪ Rail (162)
- ▪ Rails-to-Trails (128)
- ▪ Redevelopment (204)
- ▪ Regulatory takings (1749)
- ▪ Relocation | URA (78)
- ▪ Rent Control (127)
- ▪ Ripeness | Knick (501)
- ▪ RLUIPA | religious land use (89)
- ▪ Schadenfreude (70)
- ▪ Seminars | Conferences (476)
- ▪ Shoreline | CZMA (324)
- ▪ UIPA - Public Records Law (29)
- ▪ Vacation rentals (73)
- ▪ Vested rights (344)
- ▪ Voting rights | election law (150)
- ▪ Water rights | Public trust (342)
- ▪ Wildfires | Flooding (43)
- ▪ Zoning & Planning (594)
books & articles
The Law of Eminent Domain - A Fifty State Survey (ABA 2011)
Eminent Domain - A Handbook of Condemnation Law (ABA 2011)
At the Cutting Edge 2009: Land Use Law from The Urban Lawyer (D. Merriam, ed. 2010)
Recent Developments in Public Use and Pretext in Eminent Domain, 41 Urban Lawyer 563 (Oct. 2009)
The Ninth Circuit Rediscovers Substantive Due Process in Land Use Cases (Dec. 2008)
reviews
- Names on the Land (2008)
Battle For Brooklyn (Rumur Films 2011)
Regulating Paradise: Land Use Controls in Hawaii by Professor David J. Callies (2d ed. 2010)
Regulatory Takings by Professor Steven J. Eagle (2013)
Takings International: A Comparative Perspective on Land Use Regulations and Compensation Rights, Professor Rachelle Alterman, ed. (ABA Section of State and Local Government Law 2010)
Property Rights, Eminent Domain, and Regulatory Takings Re-Examined Bruce L. Benson, ed. (Independence Institute 2010)
Little Pink House - A True Story of Defiance and Courage by Jeff Benedict (2009)
The Complete Guide to Zoning by Dwight H. Merriam (2005)
Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land by Carla T. Main (2007)
Eminent Domain Use and Abuse: Kelo in Context, Dwight H. Merriam, editor (2007)
podcasts
- IJ's "Bound by Oath" Podcast, Ep. 9: Excessive Fines, 14th Amendment Incorporation (And The Just Compensation Clause) We Join IJ's "Short Circuit" Podcast To Talk Virginia Oyster Takings, Colorado Wild Eminent Domain Abuse Cert Petition, And Berman International Eminent Domain Podcast Interviews William & Mary Law Students Clint Schumacher's Eminent Domain Podcast Is Back - Six Degrees Of Williamson County Ripeness ... And Elvis Clint Schumacher's New Eminent Domain Podcast Podcast: Interview With Ted Balaker, Producer Of The Upcoming Kelo Movie "Little Pink House" Interview With The Filmmaker: Michael Galinsky On "Battle of Brooklyn" Taking Accretion By Legal Erosion: Summary Of The Oral Arguments In The Hawaii Beach Takings Case
The Kauai Property Tax Charter Amendment Case (KKCR FM 92.7)
Legal and Other Issues In Honolulu's Rail Project (Think Tech Hawaii, KIPO FM 89.3)
Recent Posts
- New Cert Petition: "It is Time to Recognize the Judicial Takings Doctrine"
- Just Published - IRWA's "Summary of Major Eminent Domain Cases & Legislation: Jan 1, 2023 - June 30, 2023"
- Can One Government Official Really Hold Up Necessary Water Uses? The Hawaii Public Water Trust In Action
- This Was Not Written For Chiefs! Happy Constitution Day From One Named Kirk
- Green Backs And Land: Dr. Seuss (Thor Hearne) Explains Trails Act Takings
- CA8: 11th Amendment Trumps The Fifth Amendment - Just Because Just Compensation Is A "Self-Executing" Federal Remedy Doesn't Mean You Get To Come To *Federal* Court
- Wine And Takings > Wine And Cheese
- CA6: In Home Equity Theft Taking, Just Compensation Is The Excess The Government Kept, Not The Value Of The Foreclosed Home
- ALI-CLE's Eminent Domain & Land Valuation Litigation Conference (Feb 1-3, 2024, New Orleans): Why Attend? Here's Why.
- Maine: To Avoid A Judicial Taking, We're Not Going To Alter Common Law - Property Owner May Remove Parts Of Neighbor's Encroaching Tree
live blog archive
- Judge McKenna Senate Hearing (2/4/2011)
Governor's Announcement of Judge Sabrina McKenna as Associate Justice, HAWSCT (1/25/2011)
Must A Property Owner Seek To Change The Law To Ripen A Federal Takings Claim? (HAWICA, 12/8/2010)
Justice Recktenwald Senate Hearing (8/25/2010)
Judge Leonard Senate Hearing (8/3/2010)
New Jersey's "Bizarre Condemnation" - Klumpp v. Borough of Avalon (NJ Supreme Court, 3/22/2010)
Columbia Eminent Domain Oral Arguments (NY Court of Appeals 6/1/2010)
Turtle Bay/Kuilima Supplemental EIS case (HAWSCT, 12/17/2009)
Atlantic Yards eminent domain abuse (NY Court of Appeals, 10/14/2009)
Ala Loop Homeowners: are state zoning laws "environmental" statutes (HAWSCT, 10/14/2009)
links
- Professor Mandelker's Land Use Law
- Julie Tappendorf's Municipal Minute
- Professor Kanner's Gideon's Trumpet
- Bulldozers at Your Doorstep - Goldstein, Rikon, Rikon & Houghton
- Eminent Domain Law Blog by Owners Counsel of America
- Rick Rayl's California Eminent Domain Report
- ABA State & Local Govt Law Section, Condemnation Law Committee
- Mark Murakami's Hawaii Ocean Law
- Dwight Merriam's RLUIPA Defense
- McKirdy & Riskin's NJ Condemnation Law
- Tred Eyerly's Insurance Law Hawaii
- Dean Patty Salkin's Law of the Land
- PLF's Liberty Blog
- Ackerman Ackerman & Dynkowski's National Eminent Domain Blog
- Jesse Souki's Hawaii Land Use Law & Policy
- New Jersey Eminent Domain Law Blog
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Disclaimer
- This blog is not legal advice. But come on man, you knew that already! Reading this blog does not make you a client, nor are any posts or comments on this blog subject to the attorney-client privilege. Nor should you rely on the posts or comments for counsel on your situation. For legal advice, please retain an attorney licensed in your jurisdiction.
This blog is not sponsored by the author's firm, and the views expressed by the author are just that, his views; they are not the views of his clients, his firm or its clients, or anyone but the author.
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