Contentious California Beach Access Case Heads to U.S. Supreme Court

The U.S. Supreme Court’s 2018-19 Term is already shaping up as a big one for environmental law in general and the longstanding tension between private property rights and environmental regulation in particular.  The Court has already agreed to hear and decide two cases next Term raising the latter set of issues: one involves the question of how extensively federal regulators can limit development of private property that’s deemed by government to be “critical habitat” for animals listed under the Endangered Species Act; the other concerns whether the Court should renounce some or all of the “ripeness rule” it created in 1985 limiting property owners’ ability to bring “regulatory takings” cases in federal courts.  (Those pending cases were profiled in earlier Legal Planet posts found here and here.) Now the justices are being asked to take up a third, high profile case next Term pitting…

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