First Circuit sets forth clear indices when a regulatory takings claim is ripe

As noted in prior posts, there has been a long history by landowners seeking to use the Fifth Amendment to obtain compensation for so-called "regulatory takings" of their property. In Downing/Salt Pond Partners, L.P. v. Rhode Island , 2011 U.S. App. LEXIS 10358 (First Circuit: 5/23/11), the...

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be...