Weekly litigation report — April 8, 2017

Competitors’ Veto Law Repealed! Another “relevant parcel” case headed for the Supreme Court Cap and trade upheld by California court of appeal Just compensation means compensation that is just, not cheap Oral argument in Missouri anti-discrimination case California courts don’t … Continue reading

State legislatures do not define what constitutes “just compensation”

The Fifth Amendment to the U.S. Constitution provides that private property shall not be taken “for public use, without just compensation.” The just compensation requirement safeguards private property rights by ensuring that the government cannot take property on a whim. … Continue reading

In Seattle, social justice trumps fundamental rights

Yesterday, the Seattle Times ran my op-ed about our lawsuit challenging a Seattle law that forbids landlords from choosing their own tenants. In Yim v. City of Seattle, we argue that the city has violated due process rights and rights against uncompensated … Continue reading

PLF asks U.S. Supreme Court to grant review of a Washington state “relevant parcel” case

PLF lawyers filed a petition asking the U.S. Supreme Court to grant and hold the Washington state regulatory takings case, Kinderace v. City of Sammamish, pending its anticipated decision in Murr v. Wisconsin. The Murr case, which was argued by … Continue reading

Business losses may be awarded as just compensation, just not in this case

Today, we received a mixed decision from the Louisiana Supreme Court in the amicus case, South LaFourche Levee District v. Jarreau. As you may recall, Jarreau asked the Louisiana Supreme Court to determine the measure of compensation due for the … Continue reading

WOTUS suit goes forward in the Supreme Court

In our last WOTUS update, we informed you that the President recalled the infamous WOTUS rule redefining “waters of the United States” under the Clean Water Act and directed DOJ and the EPA to revise the rule in accordance with … Continue reading

Weekly litigation update — April 1, 2017

Good decision in Florida takings lawsuit Petition to delist the Preble’s Meadow Jumping Mouse Victory in Manatee downlisting 10th Circuit rules against communities in Prairie Dog challenge Loss in California environmental review case Corps and EPA stage coup, breathing permits … Continue reading

California Supreme Court decision adds redundant delay

Yesterday, the California Supreme Court held that the City of Newport Beach must conduct further environmental analysis for a proposed housing development outside the city limits. The property at issue is Banning Ranch, a 400-acre plot of largely undeveloped coastal … Continue reading

Video: Presidential Authority to Revoke or Reduce National Monument Designations

This week, PLF’s Todd Gaziano and Professor John Yoo (who is also a new member of PLF’s Board of Trustees) released a new study that explains why President Trump has the authority to reduce or revoke national monuments. … Continue reading

Tenth Circuit overturns Utah prairie dog decision

We got some disappointing news yesterday when the Tenth Circuit overturned the federal district court’s decision that federal regulations prohibiting the take of Utah prairie dogs exceed the federal government’s constitutional powers. As you may not recall, since more than … Continue reading