West-Thomson Reuters has just published the 2012 edition of Federal Land Use Law & Litigation, a one-volume treatise co-authored by C|M|LAW Professor Alan Weinstein and Mr. Brian Blaesser, an attorney in the Boston office of Robinson & Cole.
The 2012 edition of the treatise highlights the following important developments in the substantive areas of federal land use law and litigation: the Supreme Court’s continuing struggles with establishment clause jurisprudence in the context of religious displays on public property and the growing split among the Circuits –– which now includes the Second, Third, Fifth, Seventh and Eleventh –– as to the proper test to use in evaluating an equal terms challenge under RLUIPA; Sackett v. E.P.A. 132 S.Ct. 1367 (2012), the most recent Supreme Court environmental law decision involving the question of whether a party may bring a civil action in a federal court under the Administrative Procedure Act (APA) to challenge the issuance of an administrative compliance consent order issued by the EPA for an alleged violation of the Clean Water Act (CWA); recent changes to regulation of wireless telecommunications, examining the 2012 amendment to the Federal Telecommunications Act which requires that local governments approve the modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station and the FCC’s 2009 “shot-clock” rule; and the lower federal courts consideration of whether the Supreme Court’s statement regarding the Williamson County state compensation requirement of the finality requirement of the ripeness doctrine in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 130 S.Ct. 2592, 2610 (2010) means that this requirement is now prudential, not jurisdictional.
Information about the Treatise can be found at: http://store.westlaw.com/federal-land-use-law-litigation-2012/180157/13513986/productdetail