Inconsistent language = inconsistent justice

Earlier this week, I put the finishing touches on an article discussing the U.S. Supreme Court’s decision in Arkansas Game & Fish Commission v. United States. As you may recall, the case began when the U.S. Army Corps of Engineers, … Continue reading

Arkansas Game & Fish did not overturn the well-settled physical takings test

Yesterday, PLF attorneys filed an amicus brief in the remand proceedings in Arkansas Game & Fish Commission v. United States. As you may recall, late last year, the U.S. Supreme Court held that temporary, government-induced flooding is not categorically exempt … Continue reading

Arkansas Game & Fish did not overturn the well-settled physical takings test

Yesterday, PLF attorneys filed an amicus brief in the remand proceedings in Arkansas Game & Fish Commission v. United States. As you may recall, late last year, the U.S. Supreme Court held that temporary, government-induced flooding is not categorically exempt … Continue reading

Arkansas Game & Fish: buying unity at the expense of clarity?

Professor Ilya Somin, writing on the Volokh Conspiracy, praised today’s U.S. Supreme Court decision in Arkansas Game & Fish Commission v. United States as “a rare unanimous victory for property rights” and “an important step in rejecting the federal government’s … Continue reading

Important property rights victory in Arkansas Game & Fish Commission v. United States

In a major property rights decision, the United States Supreme Court today, in an 8-0 opinion, held that the Takings Clause of the U.S. Constitution protects against all government invasions of private property, even if the intrusion isn’t permanent. The … Continue reading

More thoughts on the Arkansas Game & Fish Commission argument

Earlier this week, the U.S. Supreme Court heard arguments in the temporary taking case, Arkansas Game & Fish Commission v. United States (the transcript/audio can be found here).  The issue in this case is whether government-caused flooding must continue permanently … Continue reading