Washington’s “relevant parcel” analysis is pure shenanigans

Takings law is famous for its thorny inquiries. One of the prickliest is the so-called “relevant parcel” determination. In every regulatory takings case, the court must begin by identifying the nature of the property at issue—i.e., the “relevant parcel.” It … Continue reading

Weekly litigation update — September 17, 2016

First Amendment challenge to ban on automobile “For Sale” signs EEOC gets a haircut Petition for rehearing denied in Florida takings case Amicus brief filed in support of right to earn a living First Amendment challenge to ban on automobile … Continue reading

Weekly litigation report — September 10, 2016

Union access shenanigans from the Department of Labor PLF supports charter schools from death by limbo Environment and the right to intervene in lawsuits Property rights: Loss in Knick v. Scott Township Beer drinkers must register to drink? Adverse anti-discrimination … Continue reading

Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

Eleventh Circuit takes a pass on Clean Water Rule challenge

We have noted here and here that the question about which court has jurisdiction to hear the many challenges to the Clean Water Rule, that redefines “waters of the United States” subject to federal control under the Clean Water Act, … Continue reading

Gopher frog case gets a boost from the States

We have discussed here the “unprecedented and sweeping” decision of the Fifth Circuit Court of Appeals in Markle v. U.S. Fish and Wildlife Service in which a split three-judge panel held the Service could designate private property as “critical habitat” … Continue reading

ABA panel discussion on affordable housing

On Thursday evening, I will appear on a panel discussion—“The Housing Crunch in Desirable Cities – Planning Alternatives and Legal Consequences”—as part of the American Bar Association annual meeting in San Francisco.  Moderated by Nadia Costa of Miller Starr Regalia, … Continue reading

Common sense endangered in gopher frog case

The U.S. Circuit Courts of Appeals provide an extraordinary procedure to address panel decisions that are so patently wrong or so tremendously important that all or most of the judges in the circuit need to review the decision. This procedure … Continue reading