John Echeverria

Upcoming Regulatory Takings Conference 2016

Nation’s Top Annual Takings Event Set for November 4th in New Orleans

One of the most important issues in modern environmental law and policy is the extent to which constitutionally-protected property rights limit environmental regulatory programs at the federal, state and local levels.  Indeed, the U.S. Supreme Court has focused more attention on this question over the last four decades than any other aspect of modern environmental …

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Groundwater and the public trust doctrine, California style

California trial court rules that public trust doctrine applies to pumping that reduces flow in a navigable waterway

If you follow California water law or environmental law, you probably have been aware that the Environmental Law Foundation has been pursuing a public trust claim based on groundwater pumping that affects the Scott River. Last week they gained a victory at the trial court level, with a ruling that endorses the principle that groundwater …

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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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US won’t appeal Casitas decision

Last month, when he posted about the Supreme Court taking up the Florida beach renourishment case, Rick noted the possibility that the Court might hear another takings case, Casitas Municipal Water District v. U.S., 543 F.3d 1276 (2008). Indeed, the Casitas case, in which the Federal Circuit held that the physical takings doctrine applied to …

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