Blog

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...

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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...

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Knocking on the Supreme Court’s Door

One of the latest casualties out of the Federal Circuit is the May 7, 2018 decision in Love Terminal Partners, L.P., and Virginia Aerospace, L.P. v. United States, No. 16-2276, authored by Judge Dyk, which reversed a decision by the U.S. Court of Federal Claims...

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Stepping Out

Dr. Marta Stekelman retired from the Department of Defense in 2010, having worked for the agency as a medical doctor for 32 years. After retiring, Dr. Stekelman applied for retirement annuity benefits under 5 U.S.C. §§ 8401-79. The Office of Personnel Management (OPM)...

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Is It Wine or Poison?

Gadsden Industrial Park, LLC, brought a taking claim, in the U.S. Court of Federal Claims, alleging that EPA took 92,500 cubic yards of kish, slag, and assorted scrap, which are byproducts of the steel-making process.  Gadsden alleged that the property was worth up to...

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A Class Act

In 2012, a group of landowners, later certified as a class, filed a taking case in the U.S. Court of Federal Claims, seeking just compensation for the Government’s “railbanking” of their land “for possible future reactivation as a railroad under the National Trails...

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