Déjà vu: another court disregards precedent and property rights

More than 10 years ago, PLF won an important property rights victory in the U.S. Supreme Court — Palazzolo v. Rhode Island. That case held that government cannot “put an expiration date on the Takings Clause” by forbidding any property … Continue reading

PLF files response brief in Coastal Commission case

On Friday, we filed our Respondents Brief in the California Court of Appeal (4th District) in Lynch v. California Coastal Commission. … Continue reading

Will Arkansas Game & Fish fix temporary takings?

Yesterday, the Boston College Environmental Affairs Law Review made my article, Will Arkansas Game & Fish Commission v. United States Provide a Permanent Fix for Temporary Takings?, available online. Here is the abstract: The U.S. Supreme Court’s decision in Arkansas … Continue reading

Nature Conservancy reminds us that there doesn’t have to be conflict between environmentalists and property owners

The New York Times reports on the Nature Conservancy’s innovative program to provide “pop-up” habitats for migrating birds. The plan is pretty simple: The Nature Conservancy’s supporters provide information about bird sitings so that it can develop a map of … Continue reading

Knee-jerk reaction to endangered species legislation

It’s amazing how predictable the “green lobby” is.  One can predict with absolute certainty that when conservative lawmakers propose legislative changes to the Endangered Species Act, no matter how benign, they will be met with the tired old accusation that … Continue reading

PLF files comment on regulation of privately-owned animals under the ESA

This week, PLF filed a comment on a USFWS proposal to remove an exemption for captive orcas from regulation under the ESA. You may recall that this began with a PETA petition to list Lolita, an orca who … Continue reading

U.S. Supreme Court upholds property rights in rails-to-trails case

Earlier today, the U.S. Supreme Court issued its decision in the “rails-to-trails” property rights case, Marvin M. Brandt Revocable Trust v. United States—a case in which PLF attorneys participated as an amicus curiae. By an 8-1 margin, the Court ruled … Continue reading

Are governments circumventing the “just compensation” requirement?

Reason‘s A. Barton Hinkle has an article reporting on a clever — some would say cruel — scheme to abuse property owners that the Virginia Department of Transportation has developed. What’s the scheme? First, the agency announces that it is … Continue reading

Federal Circuit revives Lake Michigan takings case

Earlier today, we received an excellent opinion from the Federal Circuit in the physical takings case, Banks v. United States. At issue was the so-called “stabilization doctrine”—a legal doctrine that will suspend the 6-year statute of limitations in cases where … Continue reading