Re: Property Rights

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Posted by TheOldHokie on January 03, 2019 at 11:24:08 [URL] [DELETE] :

In Reply to: Property Rights posted by Dean on January 03, 2019 at 09:02:43:

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.


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