Court of Appeals leaves many questions unanswered in its decision reversing Hage’s takings award

Last week, the Federal Circuit Court of Appeals issued its decision in United States v. Hage, reversing Senior Judge Loren Smith’s 2008 decision concluding that the government had taken Hage’s property.  As most of you probably know, this 21-year old … Continue reading

Will the Supreme Court of Washington finally take on takings law?

Today, Division III of the Washington Court of Appeals issued an “Order of Certification” in a case called Lemire v. Washington Department of Ecology.  An Order of Certification means the Court of Appeals believes that the legal issues in the … Continue reading

President’s weekly roundup

Individual Rights – Defense of Prop 13 In Young v. Schmidt, the California Court of Appeal upheld Proposition 13’s supermajority legislative vote requirement in a short, unpublished decision.  We filed this amicus brief in this case supporting the Howard Jarvis … Continue reading

Talking Sackett with the cattlemen

Tomorrow, I’ll be speaking at the National Cattlemen’s Beef Association annual summer conference in Denver.  I’ll be presenting on Sackett v. EPA, and discussing other prominent and current environmental issues, including the pending draft agency guidance on interpreting Rapanos, the … Continue reading

Victory in Proposition 13 case

Today in Young v. Schmidt the California Court of Appeal upheld Proposition 13’s requirement that all state taxes pass by a two-thirds vote of the Legislature.  In a terse, unpublished opinion, the court struck down former UCLA Chancellor Charles Young’s … Continue reading