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...
The court holds that the amount a bankrupt casino paid to the casino's previous owner for environmental remediation does not offset a debt owed the previous owner. The casino was to make monthly payments to the previous owner under the terms of a promissory note. It suspended payment, however, after...
A California appellate court held that the California Coastal Commission has appellate jurisdiction over a coastal development subdivision project. A county's approval of a "principal permitted use" development within a coastal zone is not appealable to the Commission. But when the development proje...
A district court held that EPA's Multi-Criteria Integrated Resource (MCIR) Assessment and Enhanced Coordination (EC) Process, adopted to screen mountaintop mining permits, violates the CWA and the APA. The MCIR Assessment involves EPA applying the CWA §404(b)(1) guidelines and directing the Corps o...
[Editors' Summary: This Article is adapted from The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations, and Financing ch. 2 (J. Cullen Howe & Michael B. Gerrard eds., 2010). Copyright © 2010 by the American Bar Association and co-published with ELI Press. Reprinted by permission. This book provides an overview of green building law from a variety of well-known attorneys and other professionals in the green building field. These legal issues are likely to evolve quickly—and perhaps radically—in the coming years.
The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes. Case law from 1878 and 1916, as well as the Fleming Act, enacted by the Ohio G...