Michael Berger

Michael Berger

Manatt, Phelps & Phillips, LLP

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Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404...more

6/3/2016 - Administrative Appeals Administrative Procedure Act Clean Water Act EPA Final Judgment Hawkes Co v United States Army Corps of Engineers Judicial Review Jurisdictional Determination (JD) Land Developers Permits Property Owners SCOTUS Section 404 US Army Corps of Engineers Waters of the United States Wetlands

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs - Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the...more

5/2/2016 - Affordable Housing Appeals Disparate Impact Equal Protection Fair Housing Act (FHA) Housing Developers Race Discrimination Section 1983 Zoning Laws

The California Raisins Strike Back

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that...more

6/25/2015 - Department of Agriculture Farms Fifth Amendment Horne v USDA Just Compensation Private Property SCOTUS Takings USDA

Supreme Court Limits Conditions

The U.S. Supreme Court has issued its opinion in Koontz v. St. Johns River Water Management Agency. The case involved the extent of local government's ability to place conditions on the issuance of land use permits. Although...more

6/26/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Wetlands

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