Environmental

Recent Posts

Mountain States Legal Foundation: Supreme Court Must Hear Western “Takings Clause” Case
Posted on 13 Mar 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A western, nonprofit, public-interest legal foundation with decades of experience defending the rights of westerners against the federal government... Read More

Tags: environmental , Takings Clause , environmental law , ripeness , private property

First Circuit sets forth clear indices when a regulatory takings claim is ripe
Posted on 6 Jun 2011 by Thomas H. Clarke, Jr.

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... Read More

Tags: Thomas Clarke , Regulation , regulatory taking , final action , taking , Fifth Amendment , agency , ripeness , Inverse Condemnation , state litigation , Downing/Salt Pond Partners. v. Rhode Island

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?
Posted on 3 Aug 2011 by LexisNexis Environmental Law Community Staff

By Rachael A. Doyle Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to address and remedy the improper disposal of toxic and hazardous wastes. Since its enactment, CERCLA has been highly... Read More

Tags: declaratory judgment , toxic wastes , Rachael Doyle , ripeness , potentially responsible party , recovery response action , environmental cleanup , CERCLA , hazardous wastes , declaratory relief , disposal

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?
Posted on 3 Aug 2011 by LexisNexis Environmental Law Community Staff

By Rachael A. Doyle Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to address and remedy the improper disposal of toxic and hazardous wastes. Since its enactment, CERCLA has been highly... Read More

Tags: declaratory judgment , toxic wastes , Rachael Doyle , ripeness , potentially responsible party , recovery response action , environmental cleanup , CERCLA , hazardous wastes , declaratory relief , disposal

First Circuit sets forth clear indices when a regulatory takings claim is ripe
Posted on 6 Jun 2011 by Thomas H. Clarke, Jr.

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... Read More

Tags: Thomas Clarke , Regulation , regulatory taking , final action , taking , Fifth Amendment , agency , ripeness , Inverse Condemnation , state litigation , Downing/Salt Pond Partners. v. Rhode Island