Tuesday, May 23, 2006

SCOTUS Property Rights Fight Round 2

Jonathan Adler describes the next fight in NRO. This fight centers around the reach of the Federal Clean Water Act and, specifically, its application to wetlands. While not a "takings" case in the eminent domain sense, regulatory takings are in many ways worse for a property owner because such takings do not necessarily invoke the 5th Amendment and thus do not require just compensation. This ought to be interesting.