Court of Federal Claims Finds Takings Liability for Downstream Flooding from Addicks & Barker Releases
In a significant development for property owners affected by government flood-control operations, the U.S. Court of Federal Claims has ruled that the federal government may be liable under the Fifth Amendment for downstream flooding caused by its decision to release...
Property Rights Victory in the Works? Trump Administration May Issue Executive Order on Taking Under the ESA
By Nancie G. Marzulla and George Grenzer Imagine that you have spent decades tending to a ranch, planting crops, or carefully managing a plot of timber. One day, a letter arrives: the federal government has designated your property as “critical habitat” for an...
Marzulla Law Takes Offshore Wind Turbines to Supreme Court
Earlier this month, our firm filed a petition for a writ of certiorari in the U.S. Supreme Court to review the U.S. Court of Appeals for the First Circuit’s December 2024 decision affirming the dismissal of a lawsuit brought by the Responsible Offshore Development...
Annual Scalia Dinner: Justices Gorsuch and Breyer Discuss Government Regulation and Regulatory Reform
On November 9, 2024, Roger and I had the pleasure of attending the Federalist Society’s annual Scalia dinner in Washington, D.C. at which the guest speakers were Justice Gorsuch and retired Justice Breyer. As a former co-founder of the University of Colorado in...Marzulla Law Files Cert Petition in First Offshore Wind Case Asking for Supreme Court Review
Marzulla Law has filed a petition for a writ of certiorari in the U.S. Supreme Court, asking the Court to review a decision of the First Circuit involving the National Marine Fisheries and Bureau of Ocean Energy Management’s approval of the Vineyard Wind Project off...
Your Guide on How to Protect Your Rights in Federal Takings and Inverse Condemnation Actions
Are you facing a taking from the government? Need to understand what a taking is and what you can do about it? Read our Takings Law Guide.