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Recent Filing

Last week, we filed a brief in opposition to the United States’ petition for cert. in Wilkie v. Robbins, No. 06-219, in conjunction with the Stanford Law School Supreme Court Litigation Clinic and the law firm of Budd-Falen in Wyoming. (The government’s cert. petition can be found here.)

The case arises out of a land dispute between a private citizen and officials of the Bureau of Land Management. The United States seeks review of three questions: (1) whether government officials can be held liable under RICO for using their authorized regulatory powers to attempt to coerce a citizen into giving the Government an easement over his land without just compensation; (2) whether the APA precluded the plaintiff’s Bivens action challenging the same conduct; and (3) whether the Fifth Amendment prohibits the Government from retaliating against citizens who refuse to give the Government access to their land without a proper eminent domain takings.

Scott Reents, David Thompson, and Melanie Wachtell worked on the case for the Clinic.