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Confusion About "Change in Value" and "Return on Equity" Approaches to the <i>Penn Central</i> Test in Temporary Takings

Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. The discussion considers measurement of the denominator of the takings fraction related to Penn Central's parcel as a whole and whether it differs between permanent and temporary takings.

Environmental Justice and the Constitution

In a recent essay, David Coursen asks an important and unexamined question: Are environmental justice policies, which seek to avoid disproportionate environmental burdens on minority and poor communities, on a "collision course" with the Equal Protection Clause? In concluding that a potential collision is more illusory than real, Coursen offers a number of reasons why governmental actions to promote environmental justice have not been challenged in court and, even if they were to be, would not be subjected to strict judicial scrutiny.

Te-Moak Tribe of W. Shoshone of Nev. v. Department of the Interior

The Ninth Circuit held that the BLM violated NEPA when it approved a mining company's amendment to a plan of operations for an existing mineral exploration project in Nevada. The BLM took a hard look at the direct impacts of the amendment and its discussion of reasonable alternatives was proper, but...

Biodiversity Conservation Alliance v. BLM

The Tenth Circuit rejected environmental and citizens' groups challenge to a 2003 BLM resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin. The groups alleged that BLM violated NEPA when it refused to study in detail their proposal to phase development ...

Natural Resources Defense Council v. Department of Agric.

The Second Circuit held that the USDA complied with NEPA and the Plant Protection Act when it adopted new regulations for the importation of solid wood packaging material into the United States. The final rule required that all solid wood packaging material be either heat treated to a minimum wood c...

3883 Conn., L.L.C. v. District of Columbia

The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated. The individual was granted the necessary permits to begin preparing the site for the construction...

League of Wilderness Defenders v. Zielinski

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing the...

Taubman Realty Group Ltd. Partnership v. Mineta

The court holds that the owner of a retail development lacked standing to bring Federal-Aid Highway Act (FAHA) and National Environmental Policy Act (NEPA) actions against the Secretary of Transportation and the Federal Highway Administration (FHwA) for failing to prevent a county from approving the...

Friends of the Nestucca v. Slater

The court affirms a district court's denial of attorney fees to an environmental group whose lawsuit challenging the adequacy of a Federal Highway Administration (FHwA) environmental assessment (EA) was not a material factor in the FHwA's decision to supplement the EA. The court first holds that the...