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 Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading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

Weekly litigation report — July 30, 2016

Murr reply brief filed with Supreme Court Comments filed on wetland permitting rules Endangered species — protecting a frog where it doesn’t croak  Challenge to a “competitor’s veto” law continues Appeal filed in retaliation case  Murr reply brief filed with … Continue reading

PLF files its Supreme Court reply brief in Murr v. Wisconsin

The Supreme Court of the United States today received PLF’s Reply Brief on the Merits in Murr v. Wisconsin, filed on behalf of the Murr family. The case is now fully briefed, and ready for scheduling oral argument. It is … Continue reading

Does Hawkes turn on an agreement between the Corps and EPA?

Some have asserted that the U.S. Supreme Court decision in Hawkes stands or falls on a Memorandum of Agreement (MOA) between the Corps and EPA that says Jurisdictional Determinations are binding on the federal government in any subsequent Clean Water … Continue reading