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...

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...

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...

Case Update: Houston Flooding Cases

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...