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Month: July 2012

July 31, 2012

Court of Appeals leaves many questions unanswered in its decision reversing Hage’s takings award

Last week, the Federal Circuit Court of Appeals issued its decision in United States v. Hage, reversing Senior Judge Loren Smith’s 2008 decision concluding that the government had taken Hage’s property.  As most of you probably know, this 21-year old case arose from the federal government's heavy-handed efforts to strip away the water ...

July 31, 2012

A new Sackett article

Check out the latest edition of the Federalist Society’s online publication Engage and you’ll find a casenote on Sackett. ...

July 30, 2012

Will the Supreme Court of Washington finally take on takings law?

Today, Division III of the Washington Court of Appeals issued an “Order of Certification” in a case called Lemire v. Washington Department of Ecology.  An Order of Certification means the Court of Appeals believes that the legal issues in the case are so important that the Washington Supreme Court should decide the case, bypassing Cour ...

July 30, 2012

Reading, writing, and disparate impact

Should a school change a race-neutral policy because of its disparate impact on minority students?  That is the subject of an excellent blog post by Hans Bader at CEI’s Open Market.  It seems the Maryland Board of Education would answer that question in the affirmative.  Bader’s post provides persuasive legal arguments against a  ...

July 30, 2012

Talking Sackett with the Federalist Society

Tomorrow at 1pm EDT I’ll be speaking about Sackett v. EPA on a teleforum hosted by the Federalist Society.  I’ll be joined by Professor Richard Frank of the UC Davis School of Law.  It’s free, just call in to 888-752-3232. ...

July 27, 2012

President's weekly roundup

Individual Rights – Defense of Prop 13 In Young v. Schmidt, the California Court of Appeal upheld Proposition 13's supermajority legislative vote requirement in a short, unpublished decision.  We filed this amicus brief in this case supporting the Howard Jarvis Taxpayers Association which took over the defense of the case when the government def ...

July 26, 2012

Talking Sackett with the cattlemen

Tomorrow, I’ll be speaking at the National Cattlemen’s Beef Association annual summer conference in Denver.  I’ll be presenting on Sackett v. EPA, and discussing other prominent and current environmental issues, including the pending draft agency guidance on interpreting Rapanos, the chicken coop controversy in West Virginia, and ...

July 25, 2012

Disparities do not equal discrimination

A brilliant op-ed by Walter Williams. ...

July 25, 2012

How many wolves in Washington?

Last December, the Washington Fish and Wildlife Commission approved a gray wolf conservation plan that establishes the Evergreen State’s policy for managing gray wolves within its borders.  The plan was produced in anticipation that the number of gray wolves in Washington will continue to increase, mainly as a result of wolves migrating west ...

July 24, 2012

Victory in Proposition 13 case

Today in Young v. Schmidt the California Court of Appeal upheld Proposition 13's requirement that all state taxes pass by a two-thirds vote of the Legislature.  In a terse, unpublished opinion, the court struck down former UCLA Chancellor Charles Young's attempt to overturn this part of Proposition 13.  Young had argued that the super-majority le ...