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takings

Throwing Shade: The Case Against Judicial Interference With Solar Net Metering Policies

ELR Article

Electric utilities are increasingly invoking the takings clause, general notions of fairness, and fears of a “death spiral” in their attempts to erode the efficacy of net metering policies. This Article considers each of these arguments...

80 FR 73555

ELR Federal Agency Update

Resource Investments, Inc. v. United States

ELR Case

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint...

H.R. 540, Bill Introduced

ELR Congressional Update

S. 255, Bill Introduced

ELR Congressional Update

H.R. 510, Bill Introduced

ELR Congressional Update

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?

ELR Article

Required mitigation of wetlands impacts is a mandatory feature of many Clean Water Act §404 permits. In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court held that government agencies must show a...

Tennessee: Land Use

ELR State Update Item

Reliance Interests and Takings Liability for Rail-Trail Conversions: Marvin M. Brandt Revocable Trust v. United States

ELR Article

On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case, Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by...

Asphalt Contractors, Inc. v. Alabama Department of Transportation

ELR Case

The Alabama Supreme Court held that a property owner may go forward with its inverse condemnation claim against the director of the state transportation agency for allowing contaminated water to be pumped onto the owner's land. Although...