Extort Me Not: Supreme Court Expands Protections for Permit Applicants Under the Takings Clause

by Pillsbury Winthrop Shaw Pittman LLP
Contact

The high court’s decision in Koontz v. St. John’s River Water Management District extends the landmark decisions in Nollan and Dolan, which set standards on when an agency can condition a land use permit on the relinquishment of property. The 5-4 decision in Koontz extends those standards— which require an “essential nexus” and “rough proportionality” between the demands of an agency and the effects of the proposed land use—to conditional permit denials and monetary exactions.

On June 25, 2013, the Supreme Court of the United States in a 5-4 decision in Koontz v. St. Johns River Water Management District extended the “nexus” and “rough proportionality” standards of its landmark Nollan and Dolan decisions. Those standards now apply to conditional permit denials by government agencies and to “monetary exactions” imposed as conditions of permit approvals.

Background of Unconstitutional Exactions
The seminal cases of Nollan v. California Coastal Comm’n1 and Dolan v. City of Tigard2 prohibit the government from conditioning approval of a land use permit on the applicant/owner’s relinquishment of a portion of his or her property unless there is an “essential nexus” and “rough proportionality” between the agency demand and the effects of the proposed land use. Both decisions stemmed from a permitting authority using its substantial power and discretion to overreach in demanding concessions that were not adequately tied to project effects, but rather, served the agency’s broader public objectives. The Court held that these agency decisions diminished the applicant’s property value without justification, thereby violating the Takings Clause, which protects land use permit applicants from an unfair allocation of public burdens. Thus, under Nollan and Dolan, a requirement that an applicant dedicate property as a condition of permit approval must be related both in nature and extent to the impact of the proposed land use or permitted activity.3 However, before Koontz, courts were split on the issue of whether a demand for money could give rise to a claim under Nollan and Dolan.4 The Koontz Court resolved this conflict.

The Koontz Case and the Supreme Court’s Decision
The St. Johns River Water Management District (“District”) denied Koontz’s application5 to develop portions of his property, which included wetlands, rejecting as insufficient Koontz’s offer to dedicate three-quarters of his property in exchange for permit approval. The District refused to approve the project unless Koontz either (1) shrank the development footprint from 3.7 acres to 1 acre and dedicated a conservation easement over the remaining 13.9 acres of the property or (2) agreed to pay for improvements to wetlands on a relatively significant portion of other public lands in addition to carrying out all the mitigation he had offered originally, in which case Koontz could develop his property as originally proposed. Koontz found the District’s demands unreasonable and overly burdensome, so he challenged this “conditional denial” of his permit.

Conditional Denial. The Court held that the District’s conditioned denial of Koontz’s application was no different than a conditioned approval for Nollan and Dolan purposes. The Court acknowledged that no property was actually transferred to the government because the permit was denied. Nevertheless, the Nollan and Dolan standards were implicated: “Extortionate demands for property in the land-use permitting context run afoul of the Takings Clause not because they take property but because they impermissibly burden the right not to have property taken without just compensation.”6 The Court remanded the case for application of the Court’s holding to the facts.

Monetary Exactions. Similarly the Court rejected the District’s argument that the District’s alternative requirement of paying money to finance offsite mitigation freed the case from Nollan/Dolan scrutiny. Characterizing such “in lieu of ” fees as “functionally equivalent to other types of land use exactions”, i.e., transfer of an interest in property, the Court asserted that recognizing an exception for such fees would make it too easy for government agencies to evade the protections of the Takings Clause.

The Court rejected the dissent’s concern that the decision would adversely affect local governments’ ability to charge “reasonable” permitting fees,7 pointing out the independent check provided by many state laws8 and the Nollan/Dolan – or similar – standards effectively applied by state courts. Indeed, in the Court’s view, not providing permit applicants with the protection afforded under Nollan and Dolan when the government demands money would essentially overrule those cases.9

Implications of the Court’s Decision
The Koontz decision provides a strong reaffirmation of Nollan and Dolan, and protects against erosion of the “nexus” and “rough proportionality” doctrines. Further, the decision reinforces longstanding principles of accountability for government agencies charged with protecting and improving the public interest and empowered with broad discretion to achieve those goals. By subjecting monetary exactions and other conditions of approval to the Nolan/Dolan standards, Koontz limits the government’s opportunity to make public gains by unfairly allocating the cost of such gains to an individual permit applicant. As the Court noted, these applicants are vulnerable to the pressures of accepting such exactions in order to meet project schedules or avoid project denial altogether where significant investments have been made. For cases where the government attempts to leverage its permitting power and discretion to pursue objectives that lack the requisite relationship to project impacts, permit applicants have a slightly more level playing field in the negotiation of permit conditions.

The Court’s extension of Nollan/Dolan scrutiny to monetary exactions applies with particular import to mitigation costs related to purported environmental harm that would be caused by a new or continuing land use for which permits are required. Although concerns have been raised that the decision will lead to a radical shift, the decision and the extension of the Nollan/Dolan doctrine is entirely consistent with the concept of “mitigation” embodied in virtually all land use and environmental protection statutes. Mitigation refers to activities and efforts to offset the adverse impacts or environmental effects caused by a land use activity as compared to existing conditions without the use or activity, or change/ increase in such activity. Even before Koontz, governmental permitting authorities were wise to carefully consider the nature and extent of impacts and document all mitigation decisions in relation to those impacts with supporting evidence. Mitigation requirements have long been tied to direct, or cumulative, project impacts in California under the California Environmental Quality Act. The same is true of federal statutes, such as the federal Endangered Species Act, which requires applicants for incidental take permits to demonstrate that they will minimize and mitigate the impacts of take to the maximum extent practicable. When the California Endangered Species Act incidental take provisions were enacted, the new permitting standards included a limitation on the nature and extent of mitigation requirements patterned after Nollan/Dollan.10 That standard applies regardless of the mechanism used for effecting the mitigation.

It is important to distinguish mitigation from “enhancement” measures, i.e., measures designed to improve conditions over what would be reasonably necessary to make up for a project’s actual individual or cumulative effect. Taking one example, under the Endangered Species Act it would be inconsistent with Nollan/Dolan to require a permittee to contribute to the recovery of an endangered species where the project’s impacts on that species do not adversely affect the species as a whole and could be mitigated with a less costly and burdensome requirement. Such a contribution requirement would not be proportional to the impacts caused. In the same vein, it would not be consistent with Nollan/Dolan to impose fees needed to improve the species’ condition over and above what it would have been without the project’s impact.

Post-Koontz, mitigation fees that have a nexus to a project impact and are proportional to that impact are still allowed. They make possible the use of mitigation banks and other mitigation mechanisms that improve the efficiency and effectiveness of mitigation and conservation efforts. The Koontz decision merely ensures that mitigation fee calculations will be tied to the proposed project’s impact in nature and extent. In that regard, the Koontz decision may improve the credibility of such mitigation fee/mitigation banking mechanisms, if it gives permit applicants greater confidence that fees imposed upon them will be calculated to compensate for their actual project impacts, rather than funding broader public objectives. Extending Nollan/Dollan scrutiny to in-lieu-mitigation-fee assessments in other regulatory contexts can and should be built on the same foundations as those for determining substantive mitigation requirements.

Finally, given that the Court’s decision arises in the land use permitting context, it also remains to be seen how broadly courts will apply the inquiry in other contexts. As reflected in Koontz itself, environmental statutes such as Florida’s wetlands protection measures are part of land use regulation, directly regulating potential impacts of landowner activities upon public resources. The rationale applied in Koontz applies with equal force to closely related regulatory regimes such as air quality permitting. Challenges to unreasonable agency exactions in these areas will likely follow the Koontz decision.

Conclusion
The Koontz decision represents an important expansion of protection for permit applicants under Nollan and Dolan, but the battles are not over. For example, the Court left significant issues to be determined on remand.11 The Court left other issues, such as available remedies, to be resolved as the decision is applied in future permitting disputes under particularized state and federal law. These issues, and the stark differences between the majority’s opinion and the dissent, promise many more years of litigation.

Download: Extort Me Not: Supreme Court Expands Protections for Permit Applicants Under the Takings Clause


  1. 483 U.S. 825 (1987).
  2. 512 U.S. 374 (1994).
  3. [1] The Nollan/Dolan inquiries focused on exactions in which a land use decision conditioned approval of development on dedication of property to public use. The Supreme Court has characterized these exactions as per se takings (the transfer of an interest in property from the permit applicant to the government). In appropriate cases, unconstitutional takings may also be established under the ad hoc regulatory taking standards of Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978). The Court in Koontz determined the Penn Central factors did not apply to the per se taking at issue, not reaching the question of whether the government can commit a regulatory taking by directing someone to spend money.
  4. Notably, the California Supreme Court held in Ehrlich v. Culver City, 12 Cal.4th 854 (1996), that the Dolan and Nollan tests for determining whether a compensable regulatory taking has occurred applied, under the circumstances of that case, to the monetary exaction imposed by the City as a condition of approving plaintiff's request that the real property in suit be rezoned to permit the construction of a multi-unit residential condominium. Making reference to the Mitigation Fee Act under California law, (Gov. Code, § 66000 et seq.), the court held that the local regulatory authority must demonstrate a “reasonable relationship” between the monetary exaction and the public impact of the development. Id. (remanding for consideration of justification of the city’s determination that plaintiff pay a so-called mitigation fee of $280,000 as a condition for approval given insufficient record). See also San Remo Hotel LP v. City and County of San Francisco, 83 Cal.App.4th 239 (2000) (citing Ehrlich) (“The Hotel, like any other property owner challenging a monetary exaction under the takings clause, may attempt to show, under the heightened scrutiny standard, that there is no proof of “both an ‘essential nexus’ or relationship between the permit condition and the public impact of the proposed development, and of a ‘rough proportionality’ between the magnitude of the fiscal exaction and the effects of the proposed development.”); see also McClung v. Sumner, 548 F.3d 1219 (9th Cir. 2008) (applying Penn Central factors to generally applicable ordinance requiring specified diameter pipe for new developments).
  5. The estate of the permit applicant, Coy Koontz, Sr., was represented by Coy Koontz, Jr., collectively referred to as “Koontz.”
  6. Opinion at 10.
  7. The dissent disagreed with the majority’s opinion on monetary exactions, but agreed that the unconstitutional conditions doctrine applies to project denials as well as approvals.
  8. See footnote 4.
  9. The majority further disagreed with the dissent’s reliance on Eastern Enterprises v. Apfel, 524 U.S. 498 (1998) for the proposition that a takings claim cannot be based on an obligation to spend money. The Court concluded in Eastern Enterprises that a retroactive obligation to pay medical benefits violated the Takings Clause on due process grounds, but the dissent argued that the Takings Clause does not apply if an identified property interest is not affected. See Koontz Opinion at 16. The majority pointed out that, unlike Eastern Enterprises, in Koontz the monetary obligation did burden Koontz’s ownership of a “specific parcel of land.” Id. Thus, the takings analysis applied.
  10. Pillsbury has a long history and substantial experience in this arena and participated in the crafting and negotiation of this language. Please contact our offices if we may offer additional analysis specific to your situation.
  11. The Court did not determine the merits of Koontz’s claim or whether the agency demands did in fact violate the protections afforded under Nollan and Dolan.

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.

© Pillsbury Winthrop Shaw Pittman LLP | Attorney Advertising

Written by:

Pillsbury Winthrop Shaw Pittman LLP
Contact
more
less

Pillsbury Winthrop Shaw Pittman LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.