UCLA Law will host local government land use symposium on February 11

UCLA Law’s Evan Frankel Environmental Law and Policy Program is hosting a symposium about local government land use law on February 11, 2011.  This event, Local Agencies on the Cutting Edge – Emerging Challenges to Local Land Use Authority: Proposition 26, the Public Trust Doctrine, RLUIPA, and Takings Law, will focus on issues of practical …


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 …


US won’t appeal Casitas decision

Last month, when he posted about the Supreme Court taking up the Florida beach renourishment case, Rick noted the possibility that the Court might hear another takings case, Casitas Municipal Water District v. U.S., 543 F.3d 1276 (2008). Indeed, the Casitas case, in which the Federal Circuit held that the physical takings doctrine applied to …


Edith Jones Declares War on America’s Coastline

Edith Jones, the 5th Circuit Chief Judge who makes wingnuts swoon, is at it again, this time in Severance v. Patterson, a Takings test case brought by the Pacific Legal Foundation.  For environmentalists, Severance is also a test case in who is going to have to pay for coastal damage from climate change.  Edith Jones …


Klamath takings litigation heads to the Oregon Supreme Court

As Dan Tarlock and I detailed in our book Water War in the Klamath Basin: Macho Law, Combat Biology, and Dirty Politics, the Klamath Basin has been a hotbed for litigation on a variety of fronts since irrigation deliveries from the Klamath Reclamation Project were temporarily curtailed in the critically dry summer of 2001.  Now …