News & Insights from Marzulla Law

March 2025

 
 
 

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.

 
 
 

SPOTLIGHT

Marzulla Law Takes Offshore Wind Turbines to Supreme Court


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.

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Does the Fifth Amendment Apply to the SEC’s Civil Enforcement Authority?

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.

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What Is a Judicial Taking?

The rule under the Tucker Act, the Court of Federal Claims’ jurisdictional statute, is that the CFC cannot review the merits of another court’s decisions. 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. Or, in some instances, the allegations may be considered to state a judicial taking claim.

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Also from Marzulla Law

U.S. COURT OF FEDERAL CLAIMS

Panel Discusses Streamlining Low Economic Value Cases

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FEDERAL TAKINGS

The Top Seven Questions Asked About Filing a Federal Taking Case

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ABOUT MARZULLA LAW

A boutique law firm focused on litigation in the U.S. Court of Federal Claims and environmental litigation

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