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Pipeline Takings: When Can Your Property Be Taken?

Environmental Law & Property Rights Practice Group Teleforum Monday, August 29, 12:00 PMFederalist Society Teleforum Conference Call

The use of eminent domain to condemn property for pipelines has become an increasingly controversial practice. Critics claim that it undermines private property rights and causes environmental damage. Defenders argue it is essential to enable effective exploitation of the nation's energy resources. In recent months, Georgia and South Carolina have passed new legislation limiting pipeline condemnations, an effort backed by a coalition of conservative property rights advocates and left of center environmentalists. Similar reforms have been proposed in many other states. This forum will examine the growing controversy over pipeline takings.


  • Professor Alexandra B. Klass, Distinguished McKnight University Professor, University of Minnesota Law School
  • Professor Ilya Somin, Professor of Law, George Mason University School of Law

Sanctioning (Government) Lawyers

Litigation and Professional Responsibilities & Legal Education Practice Groups Teleforum Tuesday, August 30, 02:00 PMFederalist Society Teleforum Conference Call

On May 19, 2016, the United States District Court for the Southern District of Texas entered a Memorandum Opinion and Order in which it found that lawyers from the United States Department of Justice violated their duty of candor in the course of their representation and imposed sanctions. The court initially required additional ethics training for all Justice Department attorneys practicing in 26 states for a period of five years. The Court concluded, in part, that “the Justice Department lawyers knew the true facts and misrepresented those facts to the citizens of the 26 Plaintiff States, their lawyers and this Court on multiple occasions.” The Justice Department acknowledged that its attorneys made mistakes and misrepresentations to the court and opposing counsel, but contended that none were intentional, and agreed to some limited sanctions. Since then, the court has stayed its order.

What are the limits, if any, to Court sanctions for attorney conduct? Here to discuss these issues are Thomas H. Dupree Jr., who formerly served in the Department of Justice, and Richard Painter, whose experience includes service in the White House Counsel’s Office.


  • Mr. Thomas H. Dupree, Jr., Partner, Gibson Dunn
  • Prof. Richard W. Painter, S. Walter Richey Professor of Corporate Law, University of Minnesota Law School

Summer Social

San Diego Chapter Tuesday, August 30, 05:00 PMStriders Clubhouse
100 J Street
San Diego, CA 92101

Please join us next Tuesday for our summer social, as we share stories about our summer adventures and discuss our upcoming events.

Clean Power Plan Litigation Update

Environmental Law & Property Rights Practice Group Teleforum Wednesday, August 31, 02:00 PMFederalist Society Teleforum Conference Call

On Tuesday, September 27, the D.C. Circuit Court of Appeals will hear West Virginia v. Environmental Protection Agency, the case that will determine the fate of President Obama’s Clean Power Plan. If enacted, the Clean Power Plan would set a national limit for carbon emissions, and require each state to reduce its own output and meet state-specific standards. In February, the Supreme Court voted 5-4 to stay the Clean Power regulations while the case was pending in the D.C. Court. Twenty-four states, and various energy producers, have joined the suit against the federal government. Does the EPA have the authority to regulate a state’s carbon emissions under the Clean Air Act? Elbert Lin, the Solicitor General of West Virginia, will join us to discuss the arguments as briefed in this highly important case.


  • Mr. Elbert Lin, Solicitor General, State of West Virginia

2016 Fifth Circuit Roundup

New Orleans Lawyers Chapter Thursday, September 01, 11:30 AMPalace Cafe
605 Canal Street
New Orleans, LA 70130


  • The Honorable Jennifer Walker Elrod - United States Court of Appeals for the Fifth Circuit
  • The Honorable Gregg Jeffrey Costa - United States Court of Appeals for the Fifth Circuit 

The New Trail of Tears: Property and Poverty on Native American Reservations

Environmental Law & Property Rights Teleforum Thursday, September 01, 02:00 PMFederalist Society Teleforum Conference Call

Native Americans on reservations suffer higher rates of crime, addiction, alcoholism, and poverty than any other group of Americans. In her new book The New Trail of Tears: How Washington is Destroying American Indians, journalist Naomi Schaefer Riley examines the dismal situation—and the rays of hope—and shows how the cycles of poverty, addiction, crime, and family breakdown are perpetuated by government policies. “Indians,” writes Riley, “have chosen civilization; now it’s time for America to make them equal Americans.” With commentary by the Goldwater Institute Vice President for Litigation, Timothy Sandefur, our Teleforum will look at the legal and political problems that plague the more than 500 reservations in North America.



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