Jerry Stouck

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SCOTUS Provides Guidance on the Definition of Relevant Property in a Regulatory Taking Case

On June 23, 2017, the U.S. Supreme Court decided Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S. June 23, 2017), which presented perhaps the most important issue of regulatory takings law that the Court has never addressed – the “relevant parcel” or “parcel-as-a-whole” issue. That issue, which arises in many regulatory takings cases, is … Continue Reading

Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes

In a previous post we predicted that the U.S. Supreme Court would affirm an Eighth Circuit decision holding that a landowner can obtain immediate judicial review of a wetlands “jurisdictional determination” (JD) by the U.S. Army Corps of Engineers, and the Court did affirm that decision near the end of last Term. See U.S. Army … Continue Reading

Federal Court Rejects Citizen Suit to Force Stormwater Permitting Program

Last week, a federal district court in Rhode Island dismissed a citizen suit that sought to radically expand Clean Water Act stormwater permitting programs. In Conservation Law Found’n v. U.S. Environmental Protection Agency, Civil Action No. 15-165-ML, the plaintiff attempted to invoke a rarely used provision in the Clean Water to mandate that the U.S. … Continue Reading

Ability to Challenge Agencies in Court is ‘Judicial Activism’ Both Sides Can Support

The U.S. Supreme Court will soon decide a case that may allow federal courts to involve themselves in a greater number of public policy disputes. With that in mind, Shareholder Jerry Stouck authored his recent column for the National Law Journal discussing Hawkes Co., Inc. v. EPA, argued on March 30, which will decide whether … Continue Reading

U.S. Supreme Court agreed to hear an important regulatory takings case, Murr v. Wisconsin

The Supreme Court on January 15 granted cert. in Murr v. Wisconsin, 359 Wisc. 2d 675 (Wis. App. 2014), rev. denied, 862 N.W.2d 899 (Wis. 2015), a regulatory takings case involving the “relevant parcel” or “parcel-as-a-whole” issue, one of the most important takings issues that the Supreme Court has never addressed. The relevant parcel issue, … Continue Reading

Federal Regulatory and Administrative Law Issues Impacted by Recent Supreme Court Decisions

As the Supreme Court’s new term begins, it will be considering several cases that could have a significant impact on cases involving the Administrative Procedure Act and other federal regulatory litigation. What follows is a summary of last term’s APA-related decisions followed by a preview of two cases currently on the Court’s docket for the … Continue Reading

DC Circuit Hears Oral Argument In Important Clean Air Act Case

On December 3rd, the DC Circuit heard oral argument in a Clean Air Act case that may set important precedents for EPA’s “risk and technology reviews” of existing Clean Air Act emission standards.   National Association for Surface Finishing v. EPA involves a challenge to EPA’s revised chromium emission standards brought by Greenberg Traurig client … Continue Reading
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