A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA

Legislative building

A notice of a final action by the EPA to approve the State of Texas “partial” coal combustion residual state permit program was published in the June 28 Federal Register.

July 19, 2021
Anthony B. Cavender - Gravel2Gavel

This is a brief account of some of the important environmental and administrative law cases recently decided.

THE U.S. SUPREME COURT

Pakdel v. City and County of San Francisco

On June 28, 2021, the Supreme Court decided this regulatory “takings” case, and, in a Per Curium opinion, reversed the Ninth Circuit’s ruling that that petitioners had to exhaust their state administrative remedies before they could file this lawsuit under 42 USC Section 1983. The City government had already come to a sufficient regulatory conclusion, and the Constitution does not require additional processing. In so ruling, the Ninth Circuit ignored last term’s decision in Knick v. Township of Scott.

Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com



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