High court is at a crossroads on takings
Article Abstract:
The Supreme Court will likely hold that regulation has gone too far in two regulatory takings cases on its calendar in 1992. The present court's conservative inclinations makes likely a finding that the government has overreached its authority. The first case is Lucas v. South Carolina Coastal Council, in which the South Carolina Supreme Court reversed a trial court order of compensation for a regulatory taking. The second case is Yee v. City of Escondido, in which a California appellate court dismissed a claim alleging that a rent control ordinance was a compensable taking.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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Will Justice Ginsburg color Court green?
Article Abstract:
Justice Ruth Bader Ginsburg joins a US Supreme Court which has not looked kindly on environmental groups for two decades. Judge Ginsburg's influence in this area is difficult to predict. Her liberality in granting standing to associations while on the US Court of Appeals for the DC Circuit gives some idea of how she might view claims by environmental public interest groups. Her history in granting judicial review of administrative acts also bodes well for the Court's willingness to review environmental cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Standing debate continues at high court
Article Abstract:
Environmental standing could be affected by two Supreme Court decisions. The standing debate began in the 2d Circuit in 1965 with Scenic Hudson Preservation Conference v Federal Power Commission and has now been addressed in the cases if Lujan v National Wildlife Federation and Lujan v Defenders of Wildlife involving land withdrawals and endangered species.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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