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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...

Comment: Obtaining a Declaratory Judgment under CERCLA: Should the Past Control the Future?

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 criticized for its ostensibly high transaction...

Mountain States Legal Foundation: Supreme Court Must Hear Western “Takings Clause” Case

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 has urged the Supreme Court of the United States to...