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Community Rights Counsel
1301 Connecticut Avenue, NW, Suite 502
Washington, DC 20036
Phone: 202-296-6889
Fax: 202-296-6895

CRC News Releases

CONTACTS: Douglas Kendall, Timothy Dowling, 202-296-6889

Community Rights Counsel Hails Supreme Court's Ruling
in Lingle v. Chevron

Today, in Lingle v. Chevron, No. 04-163, the Supreme Court unanimously held that a Hawaii consumer protection law designed to lower gasoline prices at the pump does not violate the Takings Clause of the Fifth Amendment. The court concluded that the lower courts had inappropriately second-guessed the Hawaii legislature.

Douglas Kendall, Executive Director of Community Rights Counsel (CRC), applauded the ruling:

"The court today stomped out the last remnant of a dark era when federal judges regularly second-guessed the economic policy decisions of state and local officials. Some have longed for a return to this so-called Lochner era, but today's unanimous ruling shows such views are far outside the mainstream of American legal thinking."

Timothy J. Dowling, CRC's Chief Counsel, stated:

"In recent years, the court has started to right its takings ship and bring much needed clarity to the law. American consumers can thank the court the next time they fill up their gas tanks."


For a Los Angeles Daily Journal op-ed about the case, by CRC's Chief Counsel Timothy J. Dowling, click here.


CRC is a nonprofit, public-interest law firm in Washington, D.C., that helps state and local officials defend against constitutional challenges to community protections. CRC filed an amicus brief in support of Governor Lingle on behalf of a broad coalition of national organizations that represent state and local officials.

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