taking clause
Wildfire Liability in California: A PrimerĀ
California has a unique approach to lawsuits against utilities for causing fires.Ā Ā
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent ā in other words, failed to exercise reasonable care ā plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation.Ā The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGRaisins D’Etre?
Further proof that takings law is a mess, from a case involving government support for raisin growers.
Horne v. USDA might well have been a law professor’s hypothetical. Ā In order to smooth out raisin prices, the federal government has a program of taking “surplus” raisins off the market and diverting them to “non-competitive markets” like foreign countries and school lunch programs. Ā The effect is to keep up market prices for raisins. Ā The …
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