Fifth Amendment

Whither the 2016-17 Court on Environmental Cases?

Docket so far limited to a significant takings case, Murr v. Wisconsin

So far, the docket for the U.S. Supreme Court’s term beginning in October includes no significant statutory environmental case.  It does include an important takings case that could limit or expand the land use powers of all levels of  government to protect wetlands, endangered species habitat, and other ecologically sensitive parcels.  Whether the Court ultimately …

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Property Rights and California Raisins: Headed to the Supreme Court–Again

Justices To Rule on Whether Feds’ Depression-Era Agricultural Regulations Unconstitutionally “Take” Farmers’ Property Without Compensation

The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term.  Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings …

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Supreme Court Rules Federal Flooding of State Forest Lands an Unconstitutional Taking

Today was a busy day for the environment in the U.S. Supreme Court. Not only did the justices hear arguments in a potentially-important Clean Water Act case. (More on that in a future post.) The Court also issued its first decision among the five environmental cases pending before it this Term–three of which involve property …

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Property Rights & the Takings Clause: Prominent on the U.S. Supreme Court’s Docket This Year

Last week the U.S. Supreme Court granted review in a potentially-important regulatory takings case, bringing to two the number of Takings Clause disputes on the justices’ docket this Term. The newly-granted case, Koontz v. St. Johns River Water Management District, No. 11-1447, involves the question of whether a government-imposed condition on its approval of a …

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Supreme Court issues decision in Florida beach sand takings case

UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …

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