The Ninth Circuit just issued a decision in a case arising from an aboriginal claim of fishing rights off the coast of Alaska. The en banc decision denied the claim of aboriginal fishing rights with a mildly stinging dissent. The case is Native Village of Eyak v. Blank, and it can be downloaded here
Land Use, Shorelines, Substantive Due Process….Oh My
It isn't often my day job doing land use and condemnation litigation overlaps with my maritime interests, but the Ninth Circuit just published a decision that comes awfully close.
The case is Samson v. City of Bainbridge Island and the opinion can be found here.
The facts: the City of Bainbridge Island issued a
APEC 2011 – Security Zones Draw Some Interesting Comments
One nice feature of the digital age is that it increases transparency in government.
The “docket” for the APEC 2011 Security Zones, as created by the U.S. Coast Guard, has the ability to submit public comments.
Comments so far discuss the impact of the Waikiki security zone on beachgoers, surf schools and the
APEC 2011 – Waterside Security Zones
I’ve obtained graphics from www.regulations.gov and have included them below. The Ala Wai canal one is the old version. The regulation states that the zone continues to the northeast side of the McCully bridge.
Ocean side Waikiki:
Koolina:
APEC 2011 Security Zones – Graphic Released by Coast Guard
![0900006480f4e847[1]_Page_1](https://www.surfandturflaw.com/wp-content/uploads/sites/1006/migrated/6a00e54eec42318833014e8c1a5378970d.jpg "0900006480f4e847[1]_Page_1")
More on the Proposed Monk Seal Critical Habitat – Civil Beat Article
Civil Beat had a great article in today’s edition on the proposed designation of critical habitat for the Monk Seal (for more on the regulation, see my earlier post here).
Photo courtesy of NOAA.
Sophie Cocke does a great job outlining the proposed habitat designation and then identifying the issues associated with
New Cert Petition from 9th Circuit – Submerged Lands Act – Pacific Merchant Shipping Association v. James Goldstene
Among the cases in my queue awaiting my analysis is Pacific Merchant Shipping Association v. Goldstene, which can be downloaded here. It relates to the Submerged Lands Act and whether it preempts state regulation of marine fuels. Not a simple topic to blog about, hence Apparently a Petition for a Writ of Certiorari was
Feds Hold Public Hearings for Critical Habitat Designation for Monk Seals
The National Marine Fisheries Service is holding a series of public meetings to discuss its proposed rule regarding Hawaiian Monk Seal critical habitat. The proposed rule is here. The rule's background is:
In the notice of the proposed rulemaking, we propose to revise the current critical habitat for the Hawaiian monk seal (Monachus schauinslandi)
Presidents and Vacation Rentals in Hawaii
Interesting article on CivilBeat today with a Honolulu City Zoning Inspector stating that President Obama's stay at a Kailua beachfront home violated City zoning ordinances.
Robert Thomas has an in-depth perspective on this issue over at www.inversecondemnation.com. The Zoning Board of Appeals and the City's official position differ with the zoning inspector's opinion about
Just Published in the Vermont Law Review – Of Woodchucks and Prune Yards
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Robert H. Thomas and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010)(Download here)
Our introduction is a reference