News & Analysis as of

Environmental Policies › Takings Clause

Cozen O'Connor

New York Climate Superfund Law Faces Heated Opposition from Republican AGs

Cozen O'Connor on

A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in...more

Nossaman LLP

Development Conditions Requiring Off-Site Property Acquisitions Not Subject to Takings Law?

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We’ve reported in the past that public agencies are more frequently demanding certain off-site public improvements to accommodate proposed private developments as a condition of entitlement approval.  These can range from...more

Allen Matkins

Sustainable Development and Land Use Update - 3.08.23 - #2

Allen Matkins on

A measure known as the “Builder’s Remedy” added to the state’s Housing Accountability Act in 1990 has suddenly become the focus of developers looking to bypass typical zoning rules and build high-rise apartment projects....more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 20

Spilman Thomas & Battle, PLLC on

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal...more

Nossaman LLP

Federal Court finds that U.S. Fish and Wildlife Service’s Management of Reintroduced Red Wolves Violated Endangered Species Act

Nossaman LLP on

On November 4, 2018, the U.S. District Court for the Eastern District of North Carolina granted summary judgment in favor of conservation organizations Red Wolf Coalition, Defenders of Wildlife, and Animal Welfare Institute...more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

Nossaman LLP on

In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

Bilzin Sumberg

The Koontz Decision; Back to Florida

Bilzin Sumberg on

In the recent landmark decision of the United States Supreme Court in Koontz v. St. Johns Water Mgmt. Dist., 133 S. Ct. 2586 (2013), the Court majority held that exactions sought by local governments, which are not rationally...more

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