Janice Rogers Brown

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Last week, Ann wondered why the Obama Administration has withdrawn proposed rules on greenhouse gas emissions from stationary sources, worrying that time might run out of the possibility of getting them written in time for the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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