property rights
Supreme Court Rules for Property Owner in Koontz v. St. Johns River Water Management District
The U.S. Supreme Court today decided Koontz v. St. Johns River Water Management District. But unlike the previous two, unanimous Takings Clause rulings issued this Term by the justices in Arkansas Game and Fish Commission v. United States and Horne v. Department of Agriculture, the decision in Koontz reflected a sharply divided Court, in a …
CONTINUE READINGU.S. Supreme Court Rules for Property Owners–Again
Observers continue to await the third and most significant property rights case on the Supreme Court’s docket this Term–Koontz v. St. Johns River Water Management District–which should be released later this week. In the meantime, another property rights case was decided by the justices earlier this month that, while largely overlooked by the media, represents …
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CONTINUE READINGIf the Constitution is Dead, where does that leave Takings?
Justice Scalia is getting a lot of attention for his comment that the Constitution is “dead, dead, dead”, but obviously he didn’t mean that the Constitution is no longer in effect. (See? Intent theory sometimes is helpful, Nino.). Rather, he meant that the Constitution does not have a meaning that changes over time. It has …
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CONTINUE READINGPreviewing This Week’s Oral Arguments in the Supreme Court’s Most Important Property Rights Case This Term
On Tuesday, the U.S. Supreme Court will hear oral arguments in what is shaping up as the Court’s most important property rights case of the current Term: Koontz v. St. Johns River Water Management District, No. 11-1447. What can we expect? Koontz is one of three Takings Clause cases on the Court’s docket this Term. …
CONTINUE READINGEnvironmental Law and the Gun Debate
The horrifying events in Newtown have predictably led to calls for new gun controls, which have predictably led to push-back from gun rights advocates — some measured, some certifiable. For the most part, this debate has nothing to do with environmental law and policy, but there is an exception. The New York Times had an …
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CONTINUE READINGSupreme 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 …
CONTINUE READINGOn the Nature of “Stuff”
In celebrating National Schadenfreude Day yesterday, I could not help noticing Bill O’Reilly’s complex analysis of the election returns: “Voters want things. They want stuff. Who’s going to give them stuff? Obama.” Well. Actually, the government has given the wealthy “stuff” all the time. It gives them a whole plethora of specific tax breaks and credits. …
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CONTINUE READINGSupreme Court Grants Review in Takings/Flooding Case
The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …
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CONTINUE READINGMore on Today’s U.S. Supreme Court Property Rights Decision
As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …
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CONTINUE READINGSupreme 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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