When Green bureaucrats take your property, do you just have to accept it?
Not anymore, said the Supreme Court.
In a decision that sent chills down the spines of environmental groups and raised the spirits of property rights advocates, the U.S. Supreme Court June 21 removed a significant legal barrier that, for decades, had effectively barred aggrieved landowners from challenging local ordinances in federal court.
The court’s 5-4 ruling restores property rights to the full constitutional status the Framers envisioned when they included the Fifth Amendment’s Taking Clause in the Bill of Rights, opening federal courts to property owners seeking “just compensation” for the taking of their property by government.
Bonner further reports that this important decision raises intriguing legal possibilities for landowners denied access to their mineral rights by local anti-energy bans.
Alston & Bird attorney Paul Beard believes the ruling will have a far-reaching effect on energy and environmental policy, especially at the local level.
“In the energy-regulation space, we can expect more – and more successful – challenges to statutes and ordinances that, to take examples from recent trends, destroy or significantly damage oil, gas, and mineral rights. Think fracking bans,” Beard told E&E News (June 21) in an email.
In fact, the ruling may deter policymakers from adopting such ordinances for fear of triggering litigation, he added.
New York Governor Andrew Cuomo has denied New York landowners the right to access the natural gas under their land. He has effectively blockaded New England states from receiving the energy they need via pipelines.
Can an appeal to justice open up our energy future?