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Temporary Regulatory Takings and Development Moratoria: The Murky View From Lake Tahoe

In its landmark decision in First English Evangelical Lutheran Church of Glendale v. County of Los Angeles,² the U.S. Supreme Court established that temporary regulatory takings must be compensated under the Fifth Amendment's Takings Clause.³ However, neither First English nor the Court's subsequent cases have comprehensively defined what constitutes a "temporary regulatory taking." Recently, the U.S.

Cost-Benefit Analysis Through the Back Door of "Reasoned Decisionmaking"?

Few environmental cases have received as much attention as American Trucking Ass'n v. U.S. Environmental Protection Agency,² recently argued before the U.S. Supreme Court. Even readers of the mainstream press³ are aware that industrial petitioners have urged the Court to inject cost-benefit considerations into the Clean Air Act (CAA) ambient air quality standard-setting process, and in effect overrule the 20-year Lead Industries Ass'n v. U.S. Environmental Protection Agency⁴ precedent of the D.C.

The Proper Role of the Nondelegation Doctrine

The U.S. Environmental Protection Agency (EPA) has argued, in its briefs filed with the U.S. Supreme Court in Browner v. American Trucking Ass'n, that the decision of the D.C.

Major Endangered Species Act Developments in 2000

Constitutionality of Endangered Species Act (ESA) Restrictions

International Environmental Impact Assessment: A Case Study in Implementation

This paper aims to facilitate discussion about specific reform proposals for Ukraine by illustrating the basic components of environmental impact assessment (EIA) with comparative analysis and recent developments from other countries' legislation and international law. Section I introduces EIA, provides a general overview of Ukrainian ecological expertiza law, and describes U.S. Environmental Protection Agency (EPA) Region V's EIA pilot project in Ukraine.

Command Without Control: Why Cap-and-Trade Should Replace Rate Standards for Regional Pollutants

I. Introduction

Procedural Implications of Williamson County/First English in Regulatory Takings Litigation: Reservations, Removal, Diversity, Supplemental Jurisdiction, Rooker-Feldman, and Res Judicata

Introduction

Chevron, State Farm, and EPA in the Courts of Appeals During the 1990s

I. Introduction

Commerce by Another Name: Lopez, Morrison, SWANCC, and Gibbs

The Constitution of the United States gives Congress the authority to "regulate Commerce . . . among the several States."¹ From the beginning of judicial review, the U.S. Supreme Court has struggled over defining how far that power extends.² Until recently, it seemed established that the Commerce Clause provided an extremely broad and expansive grant of power to Congress.³ However, with the 1995 decision of United States v.

Information as a Policy Instrument in Protecting the Environment: What Have We Learned?

Since the introduction of the toxic release inventory (TRI) in 1988, there has been considerable interest in environmental information disclosure as a possible complement or substitute for traditional forms of regulation.