Koontz blog round up
Last week, I wrote about the broad support that our client in Koontz v. St. John’s River water Management District received from landowners, developers, industry associations, legal scholars, land use attorneys, and think tanks from across the nation. Since then, two law bloggers have provided excellent summaries of the amicus briefs.
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St. Johns River Water Management District v. Koontz
Coy A. Koontz sought to develop commercial land, most of which lies within a riparian habitat protection zone in Orange County, Florida. He applied for a dredge and fill permit with the St. Johns Water Management District, which agreed to grant the permit only on the condition that he place a conservation easement over his land, and perform mitigation off-site by replacing culverts and plugging certain drainage canals on distant District-owned properties. When Koontz refused to perform the off-site mitigation, St. Johns denied the permit. PLF successfully represented Koontz before the U.S. Supreme Court, which held that a land-use agency cannot condition a permit on the payment of a mitigation fee to be used to pay for facilities that have no connection to the impacts of the permitted development.Read more
What to read next
This past week Cato Institute, Southeastern Legal Foundation, and the NFIB Small Business Legal Center filed amicus briefs supporting our Petition for Writ of Certiorari in the Ganson v. City of Marathon regulatory takings case. … ›
California has now rescinded the state’s onerous “certificate of authenticity” requirement for the sale of autographed books. Hear directly from Bill and case attorney Anastasia Boden about the impact of this victory for freedom, common sense, and Bill’s right to be an upstanding small business owner.
One of the most fundamental rights of American citizens is the right to seek redress from illegal government action in a court of law. But the federal government has an arsenal of weapons it wields to deny or curtail this right. Nowhere is this more prevalent than in the government’s attempts to stifle landowner suits challenging federal agency action under the Clean Water Act.