David Sentelle

Koontz and Exactions: Don’t Worry, Be Happy

As Rick pointed out the other day, with Koontz v. St. John’s River Water Mgmt. Dist., the Supremes finished their Takings trifecta for this term, with unsurprisingly the plaintiff winning in all three cases.  Koontz raised two issues: 1) do Nollan and Dolan apply when the government simply denies a permit, as opposed to attaching …

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Obama’s Tactics on Greenhouse Gas Regulations Come Into View

Last week, Ann wondered why the Obama Administration has withdrawn proposed rules on greenhouse gas emissions from stationary sources, worrying that time might run out of the possibility of getting them written in time for the end of Obama’s second term.  The two reasons proffered — 1) susceptibility to legal attack; and 2) waiting until the …

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We Interrupt This Blog…

…and outsource it to Scott Lemieux of Lawyers, Guns, and Money, who sets forth succinctly the meaning of Neoconfederate David Sentelle’s DC Circuit opinion today regarding recess appointments.  Specifically, this controversy concerned recess appointments to the National Labor Relations Board, and the right-wing Republican panel struck them all down, which I am sure is completely …

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DC Circuit 1, Roy Cohn 0

“I don’t want to know what the law is.  I want to know who the judge is.”  — Roy Cohn There’s one more important point about today’s per curiam DC Circuit ruling that should be emphasized: the composition of the panel.  Two members were Clinton appointees: Judith Rogers and David Tatel.  But the third was the …

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