by Nancie Marzulla | Mar 4, 2019
As previously reported, in 2013 Otay Mesa Property, L.P. sued the U.S. Department of Interior in federal district court for the District of Columbia, arguing that designating 57 acres of their commercial property in San Diego County as critical habitat for the...
by Nancie Marzulla | Mar 4, 2019
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...
by Nancie Marzulla | Jan 28, 2019
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...
by Nancie Marzulla | Jan 28, 2019
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...
by Nancie Marzulla | May 21, 2018
On December 4, 2012, the U.S. Fish and Wildlife Service published a revised final rule designating approximately 57 acres of land in Otay Mesa in San Diego County, as critical habitat for the Riverside fair shrimp. Scientifically known as Streptocephaluswoottoni),...
by Nancie Marzulla | Apr 16, 2018
In a recent article, we reported on the massive filing of hundreds of just compensation cases in the Court of Federal Claims arising from flooding associated with Hurricane Harvey hitting Houston in August 2017. Chief Judge Susan Braden has consolidated all of the...
