Environmental Law & Property Rights Practice Group Podcast
The United States Supreme Court issued three notable takings decisions during the October 2012 term in Koontz v. St. Johns Water Management District, Arkansas Game & Fish Commission v. United States, and Horne v. Department of Agriculture. Our experts will discuss these opinions and the questions that they leave unresolved ahead of the 2013 term.
- James S. Burling, Director of Litigation, Pacific Legal Foundation
- Prof. Steven J. Eagle, Professor of Law, George Mason University School of Law
- Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia Law School
- Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society
Does the Takings Clause Have an Expiration Date? Engage Volume 13, Issue 1, March 2012
In the last Term, the United States Supreme Court declined to review two property rights cases: Guggenheim v. City of Goleta, from the United States Court of Appeals for the Ninth Circuit, and CRV Enterprises v. United States, from the United States Court of Appeals for the Federal Circuit. Some observers expected the Court to grant the petitions for certiorari for these cases because both appellate decisions appeared to depart from the Court’s opinion in Palazzolo v. Rhode Island, which held that a claim brought under the Takings Clause of the Fifth Amendment could not be dismissed for lack of standing merely because the property owner had purchased the property after it became subject to the regulation effecting the alleged taking. Observers may have had additional hope that the Court would grant certiorari in Guggenheim and CRV Enterprises because of the circuits that decided the two cases: the Federal Circuit and Ninth Circuit have been described as having the worst and second-worst reversal rates, respectively, among the federal courts of appeal. Instead, the Court denied both petitions for certiorari, thus leaving unanswered the question: does the Takings Clause have an expiration date? [Read more!] 2008 Annual Student Symposium
The Federalist Society's Student Division presented this panel at the 2008 Annual Student Symposium on March 8, 2008. The panelists included Prof. Sherman Clark of the University of Michigan Law School, Mr. Ward Connerly, Founder and Chairman of the American Civil Rights Institute, Prof. Marci Hamilton of the Cardozo School of Law at Yeshiva University, and Justice Robert Young of the Michigan Supreme Court as the moderator.