Marzulla Law Blog
Critical Habitat Designation for Endangered Jaguar is Reversed
The Tenth Circuit has reversed the U.S. Fish & Wildlife Service’s designation of 100,000 acres of critical habitat for the endangered jaguar in Arizona and New Mexico, ruling that the evidence failed to support the agency’s decision that either the jaguar occupied...
You Can Take That to the Bank
In the National Trails System Act, Congress authorized railway companies and state and local governments to enter into agreements to transform unused (“banked”) railway lines into recreational trails. Congress vested exclusive authority to approve these...
Security, but at what price?
In 2002, SecurityPoint Holdings, Inc. offered to allow the Transportation Security Administration (TSA) to use its patented system of trays and carts for security screenings in exchange for the right to sell advertising on the trays. TSA understood that there would be...
Government Profits Sweep Challenge Off to Federal Circuit
Fairholme Funds, Inc. v. United States is the lead case of more than a dozen suits filed by shareholders of Freddie and Fannie stock alleging Fifth Amendment taking without just compensation and illegal exaction of an estimated $124 billion over the amounts originally...
Fields of Dreams
Patricia Fields was employed as an athletic trainer from June 7, 2010, to February 4, 2011, at the Naval Hospital Camp Lejeune, Marine Corps Base Camp in Lejeune, North Carolina. As a result of her struggles with post-traumatic stress disorder during her employment at...
Infographic: How to Protect Your Property Rights in a Federal Taking
It happens: The Federal Government takes private property but fails to pay just compensation. Although government has the right of eminent domain, just compensation must be paid to property owners. So what do you do when the Government takes private property but fails...
Taking on Chrysler Franchised Dealership Terminations
Earlier this month, the Wall Street Journal reported that the new Fiat-Chrysler, was experiencing “brisk sales of high-margin Ram trucks and Jeep sport-utility vehicles. . . .” Eric Sylvers, Fiat Chrysler Rides Its Ram, Jeep Brands, Wall St. J., Feb. 7, 2020, at B3....
Marzulla Law Intern Spotlight: Marie Brazeau
Marie Brazeau is from Holyoke, Massachusetts and is a junior at Massachusetts College of Liberal Arts in North Adams, Massachusetts. Marie will graduate with a Bachelor’s Degree in Political Science in December 2021. After graduating Marie plans on exploring graduate...
God, Justice, and the Just Compensation Clause
In 2017, Hurricane Harvey struck Houston with an Old Testament vengeance, and many homes and properties in Harris County, Texas were destroyed by flooding. The U.S. Army Corps of Engineers had erected two dams to mitigate downstream flooding, but in the wake of the...
Courthouse Steps Preview: United States Forest Service v. Cowpasture River Preservation Association
The use of eminent domain for construction of gas pipelines across private property has spawned a number of significant cases. Next Monday, the Supreme Court will hear arguments in two pipeline cases involving several other thorny legal issues. Check out this...
Your Guide on How to Protect Your Rights in Regulatory 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.