Marzulla Law, LLC

In our March newsletter ... Earlier this month, our firm filed a petition for a writ of certiorari in the U.S. Supreme Court to review the U.S. Court of Appeals for the First Circuit’s December 2024 decision affirming the dismissal of a lawsuit brought by the Responsible Offshore Development Alliance, a commercial fishing industry trade group. ?? ???????????????? ?????? ?????????? ???????????????? ???????? ???????????????? ???? ?????????????? ?????????? A lawsuit by the the Responsible Offshore Development Alliance challenged permits issued by the Bureau of Ocean Energy Management and other federal agencies for the development of the Vineyard Wind project off the coast of Massachusetts as arbitrary and capricious and contrary to law under the Administrative Procedures Act and a number of environmental statutes. ?? ???????? ?????? ?????????? ?????????????????? ?????????? ???? ?????? ??????’?? ?????????? ?????????????????????? ??????????????????? The U.S. Court of Appeals for the Federal Circuit has instructed courts to leave no doubt about their obligation to protect private property rights. Pending before the U.S. Court of Federal Claims is a case challenging the over-zealous civil enforcement authority of the Securities and Exchange Commission as an unconstitutional taking. To read more, visit ... https://conta.cc/4iIfbKw

Pending before the U.S. Court of Federal Claims is a case challenging the over-zealous civil enforcement authority of the U.S. Securities and Exchange Commission as an unconstitutional #taking. On January 3, 2023, attorneys from the Securities and Exchange Commission asked a federal district court judge in Colorado, in sealed filings to enter an ex parte order freezing the assets of all of Reven Holdings, Inc. and two related-Reven entities, as well as the personal assets of the three principals in the closely held pharmaceutical company.

In this month's issue of our newsletter ... ?? ???????? ???? ?? ???????????????? ????????????? Takings plaintiffs who allege that their property rights have been taken by judicial actions of another court may have their complaint dismissed for lack of jurisdiction in the U.S. Court of Federal Claims. Or, in some instances, the allegations may be considered to state a judicial taking claim. ?? ?????????? ???? ?????????????? ???????????? ?????????????????????? ???????????????????? ???? ???????????????? ?????????? ???? ???????????? ???????? One of the most frustrating things a plaintiff faces in litigating a taking case are the delays. Some delays are designed to accommodate a federal agency’s need to review documents before acting on them and others arise because of the complacency with which parties routinely seek extensions. ?? ???????? ?????? ?????????? ???????????? ?????????????? ?????????? Zachary Klein is a senior at Lebanon Valley College in Pennsylvania. He will graduate in May 2025 with triple degrees in Political Science, History, and Sociology, with minors in Common Law and Law and Society. Zach’s main interests lie in law and politics. Prior to this semester, he served as the President of his college’s Prelaw Society, which he founded in the Fall of 2023. Read more in our newsletter: https://conta.cc/41uWROB

One of the most frustrating things a plaintiff faces in litigating a #taking case are the delays—some delays are designed to accommodate a federal agency’s need to review documents before acting on them and others arise because of the complacency with which parties routinely seek extensions. Most #plaintiffs weather these challenges and finally reach a resolution of their case, but occasionally, some plaintiffs get caught up in a litigation nightmare. #Takings #CFC

In 2016 Puerto Rico faced a financial crisis. To help stabilize the Puerto Rican #economy, Congress targeted holders of bonds issued by the Puerto Rican government and over $600 million in #trust funds set aside for bond repayment, creating an Oversight Board that could (and did) require that the trust funds be given to the Puerto Rican government to pay its debts, and the face value of the #bonds be reduced by 45 percent.

Offshore wind turbine projects are facing numerous challenges to their continued viability in the United States, including numerous legal challenges to the environmental validity of the rushed governmental-approvals and permits issued for construction of these projects. The lawsuits seek to invalidate these approvals, pointing out the many failures of the agencies to comply with environmental laws intended to protect our nation’s endangered species, marine mammals, and migratory birds. And, now, the new administration has issued an Executive Order that “removes from disposition for wind energy leasing” all areas within the Offshore Continental Shelf for wind energy leasing. #Turbines #Wind #Offshore

As 2024 winds down, we would like to wish our friends, clients, and colleagues happy holidays and Merry Christmas. We are thankful to have you as part of our work and personal life and wish you all the best in the coming year. https://conta.cc/3P2l0oN

Flooding cases involving?Fifth Amendment #takings claims?almost always present complex factual and constitutional issues. One such case,?Ideker Farms, Inc. v. United?States, involves nearly 400 landowners, business owners, and farmers in six states along the #Missouri River and about $8 million in damages (just compensation and interest). Ideker Farms now asserts a categorical, physical taking of their property as a permanent flowage easement, caused by the U.S. Army Corps of Engineers’ 2004 policy change to deprioritize #flood control in favor returning the Missouri River to a more natural state to protect wildlife and preserve the environment.

It's been another busy month here at Marzulla Law, including ... ? ???????????? ???????????? ????????????: ???????????????? ?????????????? ?????? ???????????? ?????????????? ???????????????????? ???????????????????? ?????? ???????????????????? ???????????? ? ?????????? ?????????? ???????????? ??????????-?????? ?????????????? ???? ????????????????????, ???? Nancie G. Marzulla states: "This month Roger Marzulla and I had the pleasure of attending the Federalist Society’s annual Scalia dinner at which the guest speakers were Justice Gorsuch and retired Justice Breyer. As a former co-founder of the University of Colorado in Boulder Chapter of the Federalist Society, with my then-fellow student, Judge Tim Tymkovich, I always look forward to these annual dinners. As you'll see in our article, this year's topic was Regulatory Reform." To learn more, access our newsletter here in the comments below ?? ?? ??

The 35th Judicial Conference of the U.S. Court of Federal Claims featured a panel on “???????????????????????? ?????? ???????????????? ?????????? ??????????.” Nancie G. Marzulla joined the panel with John F. Anderson, U.S. Magistrate Judge; Clark S. Cheney, Chief Judge, International Trade Commission; Brian E. Ferguson, Winston & Strawn, LLP; Martin F. Hockey, Jr., Deputy Director, Civil Division, U.S. Department of Justice; and Dennis Barghaan, U.S. Attorney, Eastern District of Virginia. In her remarks, Nancie discussed the issue of low economic value cases before the Court: “Our firm handles large, high-dollar, complex cases in this court involving constitutional takings claims, breach of federal contract claims, large class-action back-pay claims, and breach of trust claims on behalf of tribes and their members. However, we also represent clients whose claims seek recovery of significantly lower dollar amounts for a breach of contract or for an unconstitutional taking of their property rights. It is that latter category of cases that we handle that ?????????? ???????? ?????????????????? ?????????????? ???????? ???????????? ?? ?????????????? ???? ?????????? ???????? ?????????? ?????????? ???????? ???? ?????? ???????? ?????????????? ?????? ???????????????? ???? ?????? ?????????????????? ??????????, ?????? ???? ???????? ?????????????? ???????? ?? ?????????????? ??????????????????????????. A streamlined litigation process would greatly benefit these clients because many of their cases are already on the borderline in making the cost-benefit calculus work for seeking relief. To learn more, visit the link in the comments ?? ?? ??