Takings Law Archives - Legal Planet

Takings Law

Roy Cohn Meets The Takings Clause

Sleeper Supreme Court Case Could Upend Environmental Regulations

“I don’t want to know what the law says. I want to know who the judge is.” — Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to …

Continue reading “Roy Cohn Meets The Takings Clause”

If You Can Buy a Coast, You Can Buy a Newspaper

Supreme Court’s California Coast Decision Will Be Back, No Matter What the Papers Say

High-fives, or at least, sighs of relief, from environmentalists this week, as the Supremes denied cert in Surfrider Foundation v. Martin’s Beach, a case where Sun Microsystems founder and multibillionaire Vinod Khosla challenged aspects of California’s Coastal Act. Article after article after editorial is celebrating this as a great victory for the environment and the …

Continue reading “If You Can Buy a Coast, You Can Buy a Newspaper”

California Supreme Court Continues to Expand Its Environmental Docket

Justices Considering Unprecedented Number & Variety of Environmental Law Issues

At the beginning of 2015, I posted on this site an analysis of the California Supreme Court’s environmental law docket. My conclusion was that California’s highest court was showing unprecedented interest in environmental law–as demonstrated by the fact that it then had pending nine cases arising under the California Environmental Quality Act (CEQA) and 20 …

Continue reading “California Supreme Court Continues to Expand Its Environmental Docket”

Drought and the Supreme Court

Does the Court’s Decision in the Raisin Case Imperil Water Management?

When I first read Rick’s writeup of the Supreme Court’s decision in USDA v. Horne, concerning the federal government’s Depression-era system of “marketing orders” that required farmers to set aside a percentage of their raisin crop in a government-controlled account, I was worried about water. And that’s not just because I always worry about water. Horne turned on …

Continue reading “Drought and the Supreme Court”

What IS a Nuisance, Anyway?

If you’re a Property teacher, you have probably taught nuisance law. If you are a Land Use teacher, you have probably taught Lucas v. South Carolina Coastal Council, which relies on nuisance law to establishing “inherent limitations on title.” More specifically, you have probably taught the Restatement standard for nuisance, which states that an activity …

Continue reading “What IS a Nuisance, Anyway?”

Takings, Standing, and Those Nasty Neighbors

Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Comm’n, the 1987 Supreme Court case holding that exactions in exchange for land use permits must show an “essential nexus” between the purported harm generated by the permit and aims of the exaction. (More precisely, Nollan gave heightened scrutiny to finding that nexus.). …

Continue reading “Takings, Standing, and Those Nasty Neighbors”

The Mystery of Koontz: “Why Are We Here?”

Lyle Denniston of SCOTUSBlog reports that the plaintiff’s argument in the Court’s highest-profile Takings case of the year, Koontz v. St. John’s River Water Management District, did not go well. Both Rick and I have blogged about the case before, and the more I think about it, it seems to me that the case has been …

Continue reading “The Mystery of Koontz: “Why Are We Here?””

Is Richard Epstein Autistic?

Delightfully so! Here is Adrian Vermuele (no secret Kenyan Muslim socialist he) in The New Republic, reviewing Epstein’s latest: Many scholars have offered withering critiques of the Epstein program, but there is little sign that the arguments of the critics have been heard and considered. Epstein’s latest book targets the administrative state as the enemy …

Continue reading “Is Richard Epstein Autistic?”

Ninth Circuit Upholds Oregon’s Measure 49 Against Takings Challenge

Seven years ago, Oregon’s voters enacted Measure 37, a ballot initiative that essentially threatened to end all land use controls in the state. Measure 37 stipulated that any land use control that reduces someone’s property values must be compensated by the state, an extraordinary principle that threw the state’s land use system into chaos. Three …

Continue reading “Ninth Circuit Upholds Oregon’s Measure 49 Against Takings Challenge”

The Death of the Facial Takings Claim

Last week, I reported a couple of recent appellate court opinions that grapple with the question of a “facial” takings claims — neither of them, in my view, very satisfactorily. The problem, as I see it, is this: a regulatory takings claim turns on the impact of a government regulation on the plaintiff. But since …

Continue reading “The Death of the Facial Takings Claim”

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

Takings Law

Sleeper Supreme Court Case Could Upend Environmental Regulations

Supreme Court’s California Coast Decision Will Be Back, No Matter What the Papers Say

Justices Considering Unprecedented Number & Variety of Environmental Law Issues

Does the Court’s Decision in the Raisin Case Imperil Water Management?

TRENDING

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.