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Events

Environmental Regulatory Takings After Knick v. Twp. of Scott: Compensation, Injunctions, Jurisdictional Issues

April 26, 2020
1:00 PM - 2:30 PM EDT

Speakers: Pascal F. Naples

When:
April 26, 2020
1:00 PM - 2:30 PM EDT
Where:

Webinar

Pat Naples along with Glen Hansen (Senior Counsel, Abbott & Kindermann) will present the CLE webinar, "Environmental Regulatory Takings After Knick v. Twp. of Scott: Compensation, Injunctions, Jurisdictional Issues," highlighting the importance of the recent Supreme Court decision, Knick v. Township of Scott, for environmental lawyers.

For more information or to register, please click here.

Description
In Knick v. Township of Scott, the Supreme Court reset the jurisprudence of regulatory takings by permitting direct access to federal courts upon completion of the underlying regulatory action instead of waiting for the conclusion of an inverse condemnation proceeding in state court. In so doing, the court overruled its 1985 decision in Williamson Cty. Planning Comm'n v. Hamilton Bank.

Although this aspect of Knick is clear, the Court's opinion left open a number of practical questions. As an example, the Knick court left open for dispute when injunctive relief will be available, suggesting that "as long as" compensation is obtainable, injunctive relief will not "ordinarily" be available to litigants.

In opening new procedural paths, Knick also raises other questions. Though plaintiffs may now elect to proceed directly to federal court, for example, defendants may respond with an increasing number of motions for abstention or certification of state law questions. And perhaps counterintuitively, depending on the jurisdiction and the type of takings claim, some plaintiffs might still be better off in state court.

Listen as this panel of experienced takings litigators translates these latest legal developments to the arena of environmental law.

Outline

  1. The Knick decision
    • Analysis of decision
    • Departure from Williamson County
  2. Impacts of change
    • Ripeness
    • Jurisdictional issues
  3. Particular environmental issues

Benefits
This panel will review these and other essential matters:

  • Concerns raised by the Dissent in Knick as to the unresolved implications of the decision on takings litigation
  • How Knick could impact the procedures, timing and even substantive law in takings litigation
  • The availability of injunctive relief in federal takings cases, and what impact that could have in the area of environmental law
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