Takings Clause

OT 2012 and the Environment

This Supreme Court Term features a number of environmental cases.  We’re now about two-thirds of the way through the Term, so I thought it might be helpful to post a summary of the cases.  My impression is that the Court is interested in environmental law to the extent that it seems to impinge on the …

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Previewing 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.  …

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Environmental 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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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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Time to Put Nino Out to Pasture

Intellectual history often presents its students with shocks, most prominently: how is it that people seemed to reject an idea that in retrospect was brilliant or useful?  Conversely, how is it that people believed that intellectual mediocrities were learned savants?   Justice Scalia’s latest statement on Supreme Court doctrine suggests that he will be a …

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More 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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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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Some Reflections and Predictions Based on Yesterday’s Supreme Court Arguments in the Stop the Beach Renourishment Case

As reported earlier this week on this site, the U.S. Supreme Court heard oral arguments yesterday in an important property rights/environmental case, Stop the Beach Renourishment v. Florida Dept. of Environmental Protection. Here are some observations and (perhaps intemperate) predictions based on those arguments, which I was able to attend at the Supreme Court yesterday: …

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Property Rights, Coastal Protection and the Roberts Court

Today the U.S. Supreme Court hears oral arguments in the most consequential environmental case of the current Term: Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-1151. This case bears close watching, for several reasons. First, the litigation represents the Roberts Court’s first foray into the longstanding legal and policy debate pitting …

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