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Taking Land: Compulsory Purchase and Regulation of Land in Asian-Pacific Countries

The government use of compulsory purchase and land use control powers appears to be increasing worldwide as competition for useable and livable space increases. The need for large and relatively undeveloped space for agriculture and conservation purposes often competes with the need for shelter and the commercial and industrial development accompanying such development for employment, product production and distribution, and other largely urban uses.

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon: A Clarion Call for Property Rights Advocates

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that aimed to protect endangered and threatened species by defining "harm" to include habitat modification impinged on their rights as private landowners by asking them to share with the government responsibility for protecting such species. The U.S. Supreme Court upheld the regulation as reasonable given the relevant language of the Endangered Species Act.

Earning Deference: Reflections on the Merger of Environmental and Land Use Law

The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary, and classrooms. Leading the way are several U.S. Supreme Court Justices who, in cases involving the U.S. Commerce Clause, Takings Clause, and §5 of the Fourteenth Amendment of the U.S. Constitution, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government.

Diamond Waste, Inc. v. Monroe County

The court holds that a landfill operator is entitled to a preliminary injunction prohibiting enforcement of a county ordinance that regulates the transport of out-of-county waste into the county, and the operator may proceed on procedural and substantive due process claims against the county. The co...

Coal Operators & Assocs. v. Babbitt

The court dismisses a coal mining association's claim against the Secretary of the Interior seeking to force the federal government to turn over approximately $1.3 billion allegedly due to the commonwealth of Kentucky under the Surface Mining Control and Reclamation Act's (SMCRA's) abandoned mine re...

Douglas County v. Babbitt

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has standing to challenge the Secretary's failure to comply with NEP...

Dico, Inc. v. United States

The court holds that the U.S. Court of Federal Claims lacked jurisdiction under 28 U.S.C. §1500 over a manufacturer's claim for compensation under the Fifth Amendment to the U.S. Constitution for response costs the manufacturer incurred cleaning up contaminated groundwater pursuant to a U.S. Enviro...

Clajon Prod. Corp. v. Petera

The court holds that Wyoming hunting license regulations do not violate the Takings and Equal Protection Clauses of the U.S. Constitution. The regulations create separate pools for allocating licenses to residents and nonresidents and limit owners of 160 or more acres to two supplemental licenses. T...

Narragansett Elec. Co. v. EPA

The First Circuit held that it lacked jurisdiction over an electric company's challenge to a U.S. Environmental Protection Agency (EPA) determination that ferric ferrocyanide is a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Ferric fer...

Monterey, City of v. Del Monte Dunes at Monterey, Ltd.

The Court holds that the issue of liability in a developer's regulatory takings claim against a city was properly submitted to a jury. After the city imposed more rigorous demands each time it denied five proposals to develop a 37.6-acre oceanfront parcel in Monterey, California, the developer filed...