by Nancie Marzulla | Dec 3, 2019
At 11:30 p.m. on September 13, 2013, in Larimer County, Colorado, in response to a slow-moving cold front dropping record amounts of rainfall, the U.S. Bureau of Reclamation opened the flood gates of the Olympus Dam, which Reclamation controls and operates as part of...
by Nancie Marzulla | Nov 14, 2019
Just as the Department of the Interior thought that its Indian trust responsibilities were drawing to a close after the resolution of the massive Cobell Indian trust litigation, the Federal Circuit today opened up the flood gates to a whole new area of government...
by Nancie Marzulla | Oct 28, 2019
Generally, the operation of the National Trails System Act, 16 U.S.C. § 1247(d), results in a compensable taking if the landowner possesses a “state law reversionary interest” in land subject to a railroad right-of-way that has been converted to trail use. The taking...
by Marco Marzulla | Oct 21, 2019
Why would New York City’s Strand, one of the world’s largest and most venerable independent bookstores, oppose city designation as a historic landmark? According to the Strand’s owner, this designation will add a lot of municipal red tape that may sink her business....
by Nancie Marzulla | Oct 2, 2019
In the recent Court of Federal Claims decision, McCutchen v. United States, No. 18-1965C (September 23, 2019), the Court rejected a taking challenge to a regulation promulgated by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that...
by Nancie Marzulla | Jun 4, 2019
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...
