Judge N. Randy Smith

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 …


A Setback for Clean Ports

Hot off the presses, the Ninth Circuit has partially reversed Judge Christina Snyder’s order in American Trucking Ass’n v. City of Los Angeles, an important environment-labor-pre-emption case that I blogged about a little more than one year ago. The case concerns the Port of Los Angeles’ “Clean Ports” program, which, among other things mandates a …