Is Chief Justice Roberts anti-environment?

To honor Chief Justice Robert’s first decade on the Supreme Court — more like castigate him — the Constitutional Accountability Center has released a series of papers on the court’s jurisprudence. The most recent of which addresses the court’s environmental … Continue reading

President’s weekly report — March 27, 2015

Eminent domain — New Jersey Supreme Court abandons precedent In this 3-2 decision, the New Jersey Supreme Court upheld the use of eminent domain in 62-64 Main Street v. Mayor and City Council of the City of Hackensack.  The question here … Continue reading

President’s weekly report — March 20, 2015

Environment & Endangered Species Act — 60-day notice filed for the Kangaroo Rat As required by the Endangered Species Act, we filed a sixty-day notice on intent to sue with the United States Fish & Wildlife Service over the Service’s failure … Continue reading

Protecting your home v. letting it crash into the sea

Earlier this week, I visited the northern Massachusetts coast to attend a public hearing of a relatively new agency, the Massachusetts Coastal Erosion Commission (MA CEC or Commission). The Commission issued a draft report in January on its work thus … Continue reading

Gopher frog case briefed in the Fifth Circuit Court of Appeals

Readers of this blog will remember the case of Markle v. U.S. Fish and Wildlife Service wherein PLF represents the landowners in challenging the designation of1500 acres of private timber land in Louisiana as “critical habitat” for the dusky gopher … Continue reading

President’s weekly report — March 5, 2015

Environment — Victory for common sense in permitting reviews The California Supreme Court issued this opinion in Berkeley Hillside Preservation v. City of Berkeley Hillside Preservation v. City of Berkeley, a case dealing with environmental reviews under the California Environmental … Continue reading

President’s weekly report — November 7, 2014

Property Rights — Coastal Land Rights Victory We received a mixed, but largely favorable opinion from the federal trial court in Sansotta v. Town of Nag’s Head. This is the case where the town refused to allow beachfront homeowners to … Continue reading

Water as property and habitat under the Takings Clause

Can preventing take (of endangered species) cause a take (of private property)? That is the question I will be answering tomorrow morning, along with a distinguished panel, in our special session on Water Rights and Regulatory Takings at the 2014 Annual … Continue reading

President’s weekly report — October 24, 2014

Property Rights – Victory in San Francisco! In Levin v. City and County of San Francisco, the federal district court struck down the Tenant Relocation Ordinance as an unconstitutional taking.  The ordinance required property owners who wished to remove units … Continue reading