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Commentary

U.S. Supreme Court Issues Decisive Opinion May 23: The ‘Substantially Advances’ Test is Not a Valid Takings Test

 

Abstract

In a unanimous decision in Lingle v. Chevron (544 U.S._), released May 23, the U.S. Supreme Court provided resounding support for the position advocated by APA and others concerned about this regulatory takings case. The Court concluded that the Agins “substantially advances” test, which has added so much confusion in takings analysis, is clearly inappropriate.

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