Environmental

Recent Posts

Migratory Bird Treaty Act Enforcement Questioned
Posted on 13 Nov 2015 by Steptoe & Johnson PLLC

The U.S. Court of Appeals for the Fifth Circuit has ruled that the Migratory Bird Treaty Act (“MBTA”), [subscribers can access an enhanced version of this Act: lexis.com | Lexis Advance ], only criminalizes acts related to hunting or poaching... Read More

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

Deviation by Army Corps from operating plan, resulting in a temporary or ad hoc flowage easement, does not constitute a taking
Posted on 4 Apr 2011 by Thomas H. Clarke, Jr.

Taking cases have been reviewed in prior posts. To state that the law is convoluted, complex, and obscure is to state the obvious. In Arksansas Game & Fish Commission v. U.S., 2011 U.S. App. LEXIS 6417 (Federal Circuit: 3/30/11), the U.S. appealed... Read More

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