Should the D.C. Ciruict have analyzed G.E.'s claim as a taking?

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The D.C. Circuit recently denied G.E.'s environmental claims under the Due Process Clause. Should the court have analyzed G.E.'s claim under the Just Compensation Clause? This article recently published by the ABA's Constitutional Law Committee argues that the Court could well have concluded that G.E.'s claims were better analyzed as a taking.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Nancie G. Marzulla, Marzulla Law, LLC | Attorney Advertising

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