Williamson County Regional Planning Comm'n v. Hamilton Bank Archives

Williamson County Regional Planning Comm’n v. Hamilton Bank

Supreme Court Takes a Knick Out of Regulatory Takings Law

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. The case is Knick v. Township of Scott. By a narrow 5-4 vote that split …

Continue reading “Supreme Court Takes a Knick Out of Regulatory Takings Law”

Roy Cohn Meets The Takings Clause

Sleeper Supreme Court Case Could Upend Environmental Regulations

“I don’t want to know what the law says. I want to know who the judge is.” — Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to …

Continue reading “Roy Cohn Meets The Takings Clause”

Takings, Standing, and Those Nasty Neighbors

Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Comm’n, the 1987 Supreme Court case holding that exactions in exchange for land use permits must show an “essential nexus” between the purported harm generated by the permit and aims of the exaction. (More precisely, Nollan gave heightened scrutiny to finding that nexus.). …

Continue reading “Takings, Standing, and Those Nasty Neighbors”

The Mystery of Koontz: “Why Are We Here?”

Lyle Denniston of SCOTUSBlog reports that the plaintiff’s argument in the Court’s highest-profile Takings case of the year, Koontz v. St. John’s River Water Management District, did not go well. Both Rick and I have blogged about the case before, and the more I think about it, it seems to me that the case has been …

Continue reading “The Mystery of Koontz: “Why Are We Here?””

A Strange Taking Case for the 2012 Term

Rick notes that the Supremes have decided to revisit Takings jurisprudence in a couple of cases this term. One of them, Koontz v. St. Johns River Water Management District, involves an important legal issue, but the factual issues seem quite strange. The Supremes granted cert in Koontz to consider two questions: 1) can a property …

Continue reading “A Strange Taking Case for the 2012 Term”

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

Reflections on “Yes they can control the weather.”

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

Why You Should Read CA’s ExxonMobil Plastic Lawsuit

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

The Election, Vehicle Emissions, and State Climate Plans

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

How to Make Trees Worth More Standing Than Cut Down

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Climate, Energy, and Environment on the Ballot

Ballot measures in Washington and California are especially important but others are worth noting.

Model Uncertainty in Politics and Climate Policy

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

Still Crazy After All These Years

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

We Need a Circular Economy for EV Batteries

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

New Environmental Laws Focus on Public Health

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.

Williamson County Regional Planning Comm’n v. Hamilton Bank

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

Sleeper Supreme Court Case Could Upend Environmental Regulations

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

California’s Low Carbon Fuel Standard has been successful. CARB should update the program without undermining its fundamental features.

The global transformation to an economy fueled by clean energy can’t be stopped. Trump could slow down U.S. progress though.

New CLEE Report Identifies Key Challenges and Opportunities in the State’s Adaptation Funding Landscape

Laws like the Inflation Reduction Act may have more sticking power than regulations.

New CLEE Report Release & Webinar on Wednesday, November 13th at noon PT

Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.

Pretty or scary or brave? There’s a climate costume to suit all tastes and all ages.

Reframing Infrastructure Investments to Realize an Equitable Transition

The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.

A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.