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
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
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