Jay Bybee

If Textualism Isn’t Dead, It’s Badly Wounded

This one is too good not to blog.  Strictly speaking, it’s an immigration case, but it has interesting implications for all statutes and especially environmental ones. Jawid Habibi is a lawful resident alien, but not someone you’d want to hang around with.  He was convicted of domestic misdemeanor battery in California, and then received a 365-day …


What Is a “Facial” Takings Claim?

Interesting and frustrating new case out the 10th Circuit, Alto Eldorado Partners v. County of Santa Fe, which doesn’t appear to have gotten coverage from Takings lawyers and scholars and probably should.  The case involved a challenge to Santa Fe County’s inclusionary zoning ordinance, and it carries potential important federalism issues; it also raises — …


Ninth Circuit allows landowner to challenge impaired water listing

UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …