Earlier this week, the PennEast Pipeline Company abandoned its plans to use eminent domain to take state-owned land in New Jersey for purposes of building a new interstate gas pipeline: On Monday, September 20, the State of New Jersey submitted a letter to Third Circuit Court of the U.S. Court of Appeals stating it has reached […]
The Supreme Court. Last week, I wrote about the the criteria required to add a case to the “anticanon” of constitutional law, and suggested that The Chinese Exclusion Case of 1889 would be a worthy addition to the list of the Supreme Court’s most reviled cases. In this post, I propose two other worthy […]
Today is Constitution Day. It is an appropriate time to celebrate the accomplishments of American constitutional law. But it is also a good time to consider whether we have been too soft on some of its greatest failures. I suggest three such rulings cry out for far more condemnation than they have so far received: […]
Yesterday, California Governor Gavin Newsom signed into law two bills that significantly diminish zoning restrictions that block the construction of new housing in that state. This is a significant step because zoning and other regulatory barriers are the main cause of housing shortages and resulting high prices that lock millions of people (particularly the poor […]
The Supreme Court last week rejected the idea that Congress gave the Centers for Disease Control and Prevention (CDC) the power to stop landlords from evicting tenants who fail to pay their rent. Unfazed by that setback, the Biden administration this week suggested that the CDC has the power to demand that every public school […]
When the Supreme Court blocked enforcement of the Biden administration’s eviction moratorium last night, it was technically lifting a stay on a federal judge’s ruling against that decree. But the per curiam opinion makes it clear that six justices do not buy the statutory rationale for the moratorium, which the Court said would give the […]
The U.S. Supreme Court has struck down the Biden administration’s eviction moratorium extension. In a 6–3 ruling, the Court held that the Centers for Disease Control and Prevention (CDC) doesn’t have the authority “to promulgate and extend the eviction moratorium.” The CDC claimed the Public Health Service Act gave them such authority. But that law […]
Chantell and Michael Sackett bought a residential lot in Bonner County, Idaho over fifteen years ago. Their plan was to build a home, but things have not yet worked out that way. While making initial construction preparations, the Sacketts received an Administrative Compliance Order from the U.S. Environmental Protection Agency, alleging the deposit of fill […]
The Honorable Thomas B. Griffith retired from the U.S. Court of Appeals for the D.C. Circuit in 2020. He now works in private practice and, more importantly, has joined the legal blogosphere. Yesterday, Judge Griffith contributed his first post to the Yale Journal on Regulation‘s Notice & Comment blog, an analysis of the Supreme Court’s […]
By day, Rep. Rashida Tlaib (D–Mich.) is co-sponsoring bills that would cancel rent payments well into next year. Also presumably by day, the progressive congresswoman and “squad” member is collecting rental income from a property she owns. Tlaib’s 2020 financial disclosure report filed this past Friday show that she made between $15,001 and $50,000 off […]