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Subject: Property Rights

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Dean    Posted 01-03-2019 at 09:02:43 [URL] [DELETE]        [Reply] [No Email]  
  • Property Rights
  • Looks like even Kagan, Soto and, (maybe) Ginsberg have had enough.

    Win one for the good guys.

    Dean

    TheOldHokie    Posted 01-03-2019 at 11:24:08 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • A word of caution about reading too much into court decisions - Weyerhauser has not prevailed in their suit. They may ultimately prevail but all this decison did was correct an error in reasoning by the lower court and send the case back to them for reconsideration. That guidance may be enough to tip the scales in Weyerhauser's favor but the Court did not rule on the merits and the classification of the land in question is still in dispute and back before the lower court for reconsideration:


    WEYERHAEUSER CO. v. UNITED STATES
    FISH AND WILDLIFE SERVICE ET AL.

    CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
    THE FIFTH CIRCUIT
    >


    No. 17–71. Argued October 1, 2018—Decided November 27, 2018

    The Court of Appeals should consider in the first instance the question whether the Service’s assessment of the costs and benefits of designation and resulting decision not to exclude Unit 1 was arbitrary, capricious, or an abuse of discretion. Pp. 10–15. 827 F. 3d 452, vacated and remanded.

    Dean    Posted 01-03-2019 at 13:57:53 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • Stay tuned.

    Dean

    TheOldHokie    Posted 01-03-2019 at 15:46:12 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • I couldn't care less. My concern for the future of the dusty gopher frog is about the same as my concern for the corporate profits of Weyerhaeuser.

    TOH

    Dean    Posted 01-03-2019 at 16:23:03 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • Same here.

    The pendulum remains the issue.

    Dean

    TheOldHokie    Posted 01-03-2019 at 17:06:48 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • My point was I don't see this as a consequential movement of that pendulum. It is a mostly inconsequential quibble over the Fifth Circuit's reading/interpretation of the statute/regulation. The fact that a philosophically divided court was unanimous in sending it back to the Fifth Circuit for reconsideration is indicative of that.

    TOH

    Dean    Posted 01-03-2019 at 22:38:49 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • This small example isn't. It's just an opportunity.

    It's clear that the pendulum has reversed, though the trend is just starting.

    From a historical perspective, insanity is never long lasting.

    Stay tuned.

    Dean

    Dean    Posted 01-03-2019 at 09:44:12 [URL] [DELETE]        [Reply] [No Email]  
  • Re: Property Rights
  • You have my empathy, Paul.

    It appears that the pendulum has reversed but it will likely take decades to return to sanity.

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