The Sackett decision is out. Not surprisingly, the Supreme Court voted 9-0 to hold that EPA’s order directing the Sacketts to remove fill material from a disputed wetlands area was final, ripe, and immediately reviewable under the Administrative Procedure Act. Justice Scalia wrote the relatively short opinion, which focused entirely on the finality question under [...]
Monthly Archive for March, 2012
Comprehensive planning is the antidote for ill-considered and isolated land use decisions, particularly those that adversely affect wetlands and watersheds, cause increased flooding, and promote wasteful sprawl. This said, detailed and informed comprehensive plans are expensive, particularly if they are going to guide development decisions regarding individual parcels of land.
Posted in Uncategorized on Mar 1st, 2012
This week, a DC Circuit panel held two days of oral argument on the multitude of challenges to EPA’s December 2009 Greenhouse Gas Endangerment Finding and the “Tailoring Rule.” Very few reports of the argument seem to have made it into the mainstream press, but Bloomberg has a report here, and the Wall Street Journal [...]