On April 3, 2026, the final rescission of the U.S. Fish & Wildlife Service and National Marine Fisheries Service (together, Services) definitions of the term “harm” from their respective Endangered Species Act (ESA) implementing regulations arrived at the Office of
Since the Supreme Court invalidated the International Economic Emergency Powers Act (IEEPA) tariffs, refunds are on everyone’s mind. Learning Resources, Inc. v. Trump, 607 U.S. ___, No. 24-1287 (2026). Recent estimates are that Customs and Border Protection (CPB) collected between
Property Reserve, Inc. v. Superior Court (2016) 1 Cal. 5th 151, is a landmark precondemnation entry case that reinforced the statutory right of a party with the power of eminent domain to enter property to conduct tests and other investigatory
Property Reserve Redux: Do Statutory Conditions on the Power to Condemn Apply to Precondemnation Entries?
New Court Decision Reinforces Water Agencies’ Authority to Conduct Early Project Studies
On Tuesday, March 31, 2026, the Endangered Species Committee (Committee) – colloquially known as the God Squad – met in Washington, DC at the request of the Secretary of War, Pete Hegseth. The Committee is made up of high-ranking federal
On March 18, 2026, the U.S. Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife convened a hearing to examine ongoing challenges and potential improvements in the implementation of the Endangered Species Act (ESA). As we previously reported,
Public utilities rely on access to private and public land to build and maintain essential infrastructure. When voluntary acquisition efforts fall short, litigation becomes a necessary tool to secure those rights. Understanding the eminent domain litigation process enables utilities to
We’ve previously reported on the “Rails to Trails” process by which old railroad corridors are being abandoned and converted into other uses, such as hiking, biking or other trail purposes, and the potential ability of adjacent property owners to seek
Under Arizona’s Constitution, as under its federal counterpart, a condemning authority may acquire private property if the use to which the acquired property will be put is a proper public use. From the outset of any contemplated acquisition, it is
