| Today, in Lingle v. Chevron, No. 04-163, the Supreme
Court unanimously held that a Hawaii consumer protection law
designed to lower gasoline prices at the pump does not violate
the Takings Clause of the Fifth Amendment. The court concluded
that the lower courts had inappropriately second-guessed the
Hawaii legislature.
Douglas Kendall, Executive Director of Community Rights Counsel
(CRC), applauded the ruling:
"The court today stomped out the last remnant of a
dark era when federal judges regularly second-guessed the
economic policy decisions of state and local officials.
Some have longed for a return to this so-called Lochner
era, but today's unanimous ruling shows such views are far
outside the mainstream of American legal thinking."
Timothy J. Dowling, CRC's Chief Counsel, stated:
"In recent years, the court has started to right its
takings ship and bring much needed clarity to the law. American
consumers can thank the court the next time they fill up
their gas tanks."
For a Los Angeles Daily Journal op-ed about the case,
by CRC's Chief Counsel Timothy J. Dowling, click
here.
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CRC is a nonprofit, public-interest law firm in Washington,
D.C., that helps state and local officials defend against
constitutional challenges to community protections. CRC filed
an amicus brief in support of Governor Lingle on behalf of
a broad coalition of national organizations that represent
state and local officials.
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