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2008
Rose Acre Farms, Inc. v. United States
Client: Center for Science in the Public Interest, American Public Health Association, Consumer Federation of America, National Consumers League, Safe Tables Our Priority, Government Accountability Project, Food & Water Watch, and Center for Foodborne Illness Research and Prevention
Issues: Loss-in-value threshold for a Penn Central taking; expectations in a heavily regulated industry;
role of reasonableness of the regulation in takings analysis
Brief Filed: 2008
CRC's Amicus Brief (PDF)
2007
Riegel v. Medtronic, Inc.
Client: The Public Health Advocacy Institute, Prescription Access Litigation LLC, and Community Rights Counsel
Issues: Whether an express preemption provision preempts State law claims where the provision fails to contain an unambiguous statement reflecting Congress’s intent to include the State law claims within the scope of preemption.
Brief Filed: 2007
CRC's Amicus Brief (PDF)
Tapps Brewing, Inc., and Daniel and Andrea McClung v. City of Sumner Washington
Client: International Municipal Lawyers Association
Issues: Takings Clause of the Fifth Amendment, Nollan, Dolan
Brief Filed: 2007
CRC's Amicus Brief (PDF)
City of San Antonio v. El Dorado Amusement Co.
Client:Texas Municipal League, Texas City Attorney's Association, and International Municipal Lawyers Association
Issues: Zoning ordinance banning the sale alcohol, Takings Clause of the Fifth Amendment
Brief Filed: 2007
CRC's Amicus Brief (PDF)
2006
Engine Manufacturers Ass’n v. South Coast Air Quality Management District
Client: National League of Cities, League of California Cities, International Municipal Lawyers Association, and National Association of Clean Air Agencies
Issues: Preemption of state and local laws designed
to promote clean vehicles; the meaning of "standard"
in section 209(a) of the federal Clean Air Act.
Brief Filed: 2006
CRC's Amicus Brief (PDF)
Commonwealth of Massachusetts v. United States Environmental Protection Agency (U.S. Supreme Court)
Client: The U.S. Conference of Mayors,
National Association of Counties,
International Municipal Lawyers Association, American Planning Association, and the
cities of Seattle, Albuquerque, Burlington, and San Francisco.
Issues: Whether the federal Clean Air Act authorizes U.S. EPA to regulate carbon dioxide and other greenhouse gases from new motor vehicles.
Brief Filed: 2006
MERITS-STAGE FILINGS
Petitioners' Brief
Joint Appendix
CRC's Amicus Brief (Clients listed above)
Scientists' Amicus Brief
Wildlife Amicus Brief
State Amicus Brief
Native Alaskan Amicus Brief
Former Administrators' Amicus Brief
Entergy Amicus Brief
North Coast Rivers et al., Amicus Brief
Aspen Skiing Amicus Brief
Delaware Amicus Brief
Religious Groups Amicus Brief
Ocean and Conservation Interest Amicus Brief
Calpine amicus brief
Madeleine Albright Amicus Brief
CRC Press Release
CRC’s Legal Times article
City of Burlington Press Release
CERT.-STAGE FILINGS
Cert. Petition
Cert. Pet. Appendix
Rapanos v. United States (U.S. Supreme Court)
Client: Association of State and Interstate Water Pollution Control Administrators (ASIWPCA)
Issues: Waters of the United
States and Wetlands
Brief Filed: 2006
CRC's Amicus Brief (PDF)
2005
Wensmann Realty, Inc., and Rahn Family LP v. City of Eagan (Court of Appeals, State of Minnesota)
Client: League of Minnesota Cities
Issues: Reasonable Investment-Backed Expectations, Comprehensive Plans
Brief Filed: August 29, 2005
CRC's Amicus Brief (PDF)
San Remo Hotel, L.P. v.
City and County of San Francisco, California (U.S. Supreme
Court)
Client: Community Rights Counsel, California
State Association of Counties, League of California Cities,
and American Planning Association
Issues: Williamson County, issue preclusion,
Full Faith and Credit Act
Brief Filed: March 1, 2005
CRC's Amicus
Brief (PDF)
Susette
Kelo v. City of New London (U.S. Supreme Court)
Client: National League of Cities,
National Conference of State Legislatures, U.S. Conference
of Mayors, Council of State Governments, National Association
of Counties, International Municipal Lawyers Association,
and International City/County Management Association
Issues: Public use, eminent domain
Brief Filed: January 21, 2005
CRC's
Amicus Brief (PDF)
2004
Linda
Lingle and Mark J. Bennett v. Chevron USA, Inc. (U.S.
Supreme Court)
Client:
National Conference of State Legislatures, National Governors
Association, Council of State Governments, National Association
of Counties, National League of Cities, U.S. Conference
of Mayors, International City/County Management Association,
and International Municipal Lawyers Association
Issues: the viability of the Agins "substantially
advance" formulation
Brief Filed: December 3, 2004
Opinion
Issued May 23, 2005
CRC's Merits Amicus
Brief (PDF)
Coast
Range Conifers, LLC v. State of Oregon (Oregon
Supreme Court)
Client: League of Oregon
Cities, Multnomah County, National League of Cities, and
International Municipal Lawyers Association
Issues: Takings; parcel-as-a-whole
Brief Filed: November 4, 2004
CRC's Merits
Amicus Brief (PDF)
Paul Smith and
Janet Smith v. The Town of Mendon, Planning Board of The Town
of Mendon, Richard Burwardt in his official capacity as Chairman
of the Town of Mendon Planning Board (Court of Appeals,
State of New York)
Client: The Association of Towns of the State
of New York, New York State Conference of Mayors and Municipal
Officials, and the American Planning Association
Issues: Takings; Dolan's rough proportionality
standard
Brief Filed: September 22, 2004
CRC's Amicus Brief
(PDF)
Linda
Lingle, Governor of the State of Hawaii, and Mark J. Bennett,
Attorney General of the State of Hawaii v.
Chevron USA (U.S. Supreme Court)
Client: National Conference
of State Legislatures, National Association of Counties,
National League of Cities, U.S. Conference of Mayors, International
City-County Management Association, and International Municipal
Lawyers Association
Issues: takings, "substantially advance"
test, means-ends inquiry, standard of review
Brief Filed: September 3, 2004
Opinion
Issued May 23, 2005
CRC's Amicus Brief
(PDF)
John
Ashcroft, Attorney General, et al., v. Angel McClary Raich,
et. al. (U.S. Supreme Court)
Client: Community Rights Counsel
Issues: Commerce Clause authority
Brief Filed: August 12, 2004
Opinion
Issued June 6, 2005
CRC's Amicus Brief
(PDF)
Coast Range
Conifers, LLC v. State of Oregon (Oregon Supreme Court)
Client: League of Oregon Cities, Multnomah County,
National League of Cities, and International Municipal Lawyers
Association
Issues: Takings; parcel-as-a-whole
Brief Filed: May 5, 2004
CRC's Amicus
Brief Supporting Petition (PDF)
Stearns Co., Ltd.
v. The United States (U.S. Court
of Appeals, Federal Circuit)
Client: National League of Cities and International
Municipal Lawyers Association
Issues: Physical takings; assertion of regulatory
jurisdiction
Brief Filed: April 2, 2004
CRC's Amicus Brief
(PDF)
AETNA Health Inc.
v. Juan Davila (U.S. Supreme Court)
Client: Community Rights Counsel and The Brennan
Center for Justice at New York University School of Law
Issues: Whether section 502 of ERISA completely preempts,
and thus requires removal of, a state-law action filed in
state court by a patient injured by an HMO’s allegedly
negligent medical necessity decision, where the state-law
action is independent from ERISA and its resolution does
not depend on the interpretation of ERISA or any ERISA plan?
Brief Filed: January 22, 2004
CRC's Amicus Brief
(PDF)
2003
Engine Manufacturers
Association and Western States Petroleum Association v. South
Coast Air Quality Management District, et al.
(U.S. Supreme Court)
Client: National League of Cities,
National Conference of State Legislatures, National Association
of Counties, Council of State Governments, International
City/County Management Association, U.S. Conference of Mayors,
and International Municipal Lawyers Association, Joined
by The State and Territorial Air Pollution Program Administrators,
and Association of Local Air Pollution Control Officials
as Amici Curiae
Issues: Preemption of state and local laws designed
to promote clean vehicles; the meaning of "standard"
in section 209(a) of the federal Clean Air Act.
Brief Filed: November 17, 2003
CRC's
Amicus Brief (PDF)
San Remo Hotel
L.P., et al. v. City and County of San Francisco, et al. (9th
Circuit Court of Appeals)
Client: California Association
of Counties, League of California Cities, and International
Municipal Lawyers Association
Issues: Williamson County, reservation of
takings claims, Nollan/Dolan exactions
Brief Filed: November 12, 2003
CRC's
Amicus Brief (PDF)
McCarran
International Airport v. Steve Sisolak (Nevada
Supreme Court)
Client: American Planning Association
Issues: Airport zoning; height restrictions; physical
invasions
Brief Filed: September 24, 2003
Rose Acre Farms,
Inc. v. United States (U.S. Court of Appeals, Federal
Circuit)
Client: Center for Science in
the Public Interest, American Public Health Association,
Consumer Federation of America, National Consumers League,
and Safe Tables Our Priority
Issues: Loss-in-value threshold for a Penn Central
taking; expectations in a heavily regulated industry;
role of reasonableness of the regulation in takings analysis
Brief Filed: August 4, 2003
CRC's
Amicus Brief (PDF)
Harold D. Eyl v. Ciba-Geigy
Corporation, Northeast Cooperative, and City of Wisner (U.S.
Supreme Court)
Client: Natural Resources Defense
Council, Beyond Pesticides, and Community Rights Counsel
Issues: Whether federal pesticide laws preempt state
common law tort actions for the negligent acts of pesticide
manufacturers and distributors
Brief Filed: May 30, 2003
CRC's
Amicus Brief (PDF)
City of Lodi, California,
v. Fireman's Fund Insurance, Co., Unigard Insurance Co., and
Unigard Security Insurance Co. (U.S. Supreme Court)
Client: National League of Cities
and International Municipal Lawyers Association
Issues: Preemption
Brief Filed: March 10, 2003
CRC's
Amicus Brief (PDF)
Town of Flower Mound,
Texas, v. Stafford Estates Limited Partnership (Texas
Supreme Court)
Client: Texas Municipal League,
Texas City Attorneys Association, International Municipal
Lawyers Association, and American Planning Association
Issues: Takings; Dolan's rough proportionality
standard
Brief Filed: February 28, 2003
CRC's
Amicus Brief (PDF)
2002
Washington
Legal Foundation, et al., v. Legal Foundation of Washington,
et al. (U.S. Supreme Court)
Client:
National
League of Cities, International Municipal Lawyers Association,
and Trial Lawyers for Public Justice
Issues: IOLTA
Brief Filed: October 18, 2002
CRC's
Amicus Brief (PDF)
For other amicus briefs, background info,
press releases, media coverage, and more on WLF v. LFW,
click here.
Henry Dittmer
v. County of Suffolk (2nd Circuit Court of Appeals)
Client: Association of Towns of the State of New
York, New York State Conference of Mayors and Municipal
Officials, and New York State Association of Counties
Issues: Due process, equal protection, chilling effect
of frivolous lawsuits on land use planning
Brief Filed: August 14, 2002
CRC's Amicus Brief
(PDF)
Franklin P. Kottschade v. City of
Rochester (8th Circuit Court of Appeals)
Client: League of Minnesota Cities, National
League of Cities, and International Municipal Lawyers Association
Issues: Williamson County's state-court compensation
requirement; sanctions for frivolous appeals
Brief Filed: June 13, 2002
CRC's Amicus
Brief (PDF)
City of Glenn
Heights v. Sheffield Development Company
(Texas Supreme Court)
Client: Texas Municipal League, Texas City Attorneys
Association, International Municipal Lawyers Association
Issue: Economic loss under Penn Central
Brief Filed: June 4, 2002
CRC's Amicus
Brief (PDF)
Town of
Flower Mound, Texas v. Stafford Estates Limited Partnership
(Texas Supreme Court)
Client: Town of Flower Mound
Issues: Dolan's Rough Proportionality Standard
Brief Filed: May 2002
CRC's Amicus
Brief (PDF)
County of Clark
v. Tien Fu Hsu (Nevada Supreme Court)
Client: American Planning Association, Nevada
Chapter of the American Planning Association, Tahoe Regional
Planning Agency
Issues: airport zoning; Loretto per se rule
Brief Filed: March 18, 2002
Sam B. McQueen
v. South Carolina Coastal Council (South Carolina Supreme
Court)
Client: Municipal Association of South Carolina,
International Municipal Lawyers Association
Issues: Lucas per se rule; public trust doctrine
Brief Filed: Spring 2002
CRC's Amicus Brief
(PDF)
2001
Tahoe-Sierra
Preservation Council, Inc. v. Tahoe Regional Planning Agency
(U.S. Supreme Court)
Clients: Council of State Governments, National
League of Cities, National Conference of State Legislatures,
National Association of Counties, National Governors Association,
International City-County Management Association, International
Municipal Lawyers Association, and U.S. Conference of Mayors
As Amici Curiae In Support of Respondents
Issues: Moratoria, Lucas per se rule, parcel
Brief Filed: November 13, 2001
CRC's Amicus Brief
(PDF)
Brief for the United
States as Amicus Curiae Supporting Respondents (PDF)
Respondents Brief (PDF)
To read the Court's opinion, click
here.
Other
briefs, press releases, analysis, media coverage, and more
on the Tahoe-Sierra case.
Cwynar v. City
and County of San Francisco (California
Supreme Court)
Client: League of California Cities
Issues: Loretto per se rule; heightened scrutiny
Brief Filed: September 5, 2001
CRC's Amicus
Letter (PDF)
R.T.G. v. State
of Ohio (Ohio Supreme Court)
Client: Village of Pleasant City
Issue: Nuisance
Brief Filed: June 26, 2001
CRC's Amicus Brief
(PDF)
For more information on RTG, click
here.
R.T.G. v. State of Ohio (Ohio Supreme
Court)
Client: Village of Pleasant City
Issue: Nuisance
Brief Filed: October 8, 2001
CRC's Reply Brief
(PDF)
San Remo Hotel v. San Francisco
(California Supreme Court)
Clients: League of California Cities and
International Municipal Lawyers Association
Issues: Nollan/Dolan tests and impact fees;
Legislative vs. adjudicative fees.
Brief Filed: April 10, 2001
CRC's Amicus Brief
(PDF)
CRC’s Amicus Letter
Opinion at San Remo Hotel L.P. v. City and County of
San Francisco, 98 Cal. Rptr. 2d 792 (Cal. App. 1 Dist.
2000)(No. A083530), as modified on denial of reh’g, 100
Cal. Rptr. 2d 1 (Cal. Ct. App. Sept. 6, 2000), cert. granted,
(Nov. 21, 2000).
City of Battleground v. The Benchmark
Land Company (Washington Supreme Court)
Clients: Association of Washington Cities,
Washington State Association of Municipal Attorneys
Issues: Nollan/Dolan tests and impact fees.
Brief Filed: March 16, 2001
CRC's Amicus
Brief (PDF)
Washington Supreme Court review petition pending.
Machipongo
Land and Coal Co., Inc. v. Department of Envtl. Resources
(Pennsylvania Supreme Court)
Clients: Pennsylvania State Assoc. of
Township Supervisors, City of Philadelphia, State Assoc. of
Boroughs, Pennsylvania State Assoc. of Township Commissioners,
County Commissioners Assoc. of Pennsylvania, Pennsylvania
League of cities and Municipalities
Issues: Parcel as a whole.
Brief Filed: March 5, 2001
CRC's Amicus
Brief (PDF)
To read the Court's opinion in PDF format, click
here.
Lion’s Lair
Enterprises v. Riverside County (California
Supreme Court)
Client: CRC
Issues: Nollan/Dolan tests and permit conditions;
legislative vs. adjudicative conditions.
Brief Filed: February 15, 2001
CRC's Amicus
Letter (Feb. 15, 2001) (PDF)
Palazzolo v. Rhode Island (U.S.
Supreme Court)
Clients: American Planning Assoc., Int'l.
Municipal Lawyers Assoc., Rhode Island Chapter of the American
Planning Assoc., California State Assoc. of Counties.
Issues: Ripeness; Parcel as a whole; Lucas background
principles.
Brief Filed: January 3, 2001
CRC's Amicus Brief
(PDF)
To read the Court's opinion, click
here.
2000
Palm Beach
Isles v. United States (Federal Circuit)
Client: CRC
Issues: Parcel as a whole.
Brief Filed: June 2, 2000
CRC’s Amicus
Brief in Support of Petition for Rehearing and Rehearing
En Banc (PDF)
Opinion at Palm Beach Isles Assocs. v. United States,
208 F.3d 1374 (Fed. Cir. 2000), aff’d on reh’g, 2000 WL
1720704 (Fed. Cir. 2000), reh’g en banc denied, 2000 WL
1693725 (Fed. Cir. 2000)
1999
Lion’s Lair
Enterprises v. Riverside County (California
Supreme Court)
Client: CRC
Issues: Nollan/Dolan tests and permit conditions; legislative
vs. adjudicative conditions.
Brief Filed: December 29, 1999
CRC’s Amicus
Letter (Dec. 29, 1999) (PDF)
Thomas v. Anchorage
Equal Rights Commission (9th Circuit Court of Appeals)
Client: CRC
Issues: Takings and fair housing laws; state compensation
requirement.
Brief Filed: December 22, 1999
CRC's Amicus Brief
(PDF)
Background info on CRC’s Amicus Brief
in Support of Petition for Rehearing En Banc
Subsequent opinion at Thomas v. Anchorage Equal Rights
Comm’n, 220 F.3d 1134 (9th Cir. 2000).
Lion’s Lair Enterprises v. Riverside
County (California
Supreme Court)
Client: CRC
Issues: Nollan/Dolan tests and permit conditions; legislative
vs. adjudicative conditions.
Brief Filed: September 28, 1999
CRC’s Amicus
Letter (Sept. 28, 1999) (PDF)
(This letter was also filed on remand to the Court of Appeal
in the above-referenced, ongoing litigation.)
Bonnie Briar
v. Mamaroneck (N.Y. Court of Appeals)
Client: APA
Issues: Due Process vs. Takings (Agins Means-End
Inquiry); Nollan/Dolan tests and zoning ordinances.
Brief Filed: August 30, 1999
CRC’s Amicus
Brief (PDF)
Opinion at Bonnie Briar Syndicate, Inc. v. Town of Mamaroneck,
721 N.E.2d 971 (N.Y.1999).
Tahoe-Sierra
Preservation Council v. Tahoe Regional Planning Agency
(9th Circuit Court of Appeals)
Client: International Municipal Lawyers
Assoc.
Issues: Use vs. value under the Lucas per se
rule.
Brief Filed: August 9, 1999
CRC’s Amicus Brief
(PDF)
Subsequent opinion at Tahoe-Sierra Preservation Council
Inc. v. Tahoe Reg’l Planning Agency, 216 F.3d 764 (9th
Cir. 2000).
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