Love Terminal Partners v. United States

On June 20, 2019, the Supreme Court is expected to decide whether to issue a writ of certiorari in Love Terminal Partners v. United States, No. 18-1062. In 2006, Congress passed the Wright Amendment Reform Act, which codified a five-party agreement among the cities of...

Streamlining NEPA Review Process

Efforts are underway to streamline the notoriously costly and time-consuming environmental review process under the National Environmental Policy Act. On average it takes 4.5 years to complete an Environmental Impact Statement (EIS) required under the NEPA, not...

Justice Kennedy: Takings in the Balance

During his three decades on the Supreme Court, Justice Kennedy often provided the crucial swing vote in the Court’s major Fifth Amendment takings decisions. Justice Kennedy thus played a pivotal role in developing modern takings law. Emergence of modern takings law...