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Environmental Law Center

Takings Conference 2013

New York University School of Law, New York, NY

Friday, November 22, 2013

Register Online | Download Brochure


This conference explores the regulatory takings issue as it relates to land use and environmental regulation. In addition to offering a basic overview of modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent decisions and pending court cases. Some of the topics to be discussed include the takings trilogy in the U.S. Supreme Court last year, including Arkansas Fish & Game Commission v. United States, Horne v Department of Agriculture, and Koontz v. St. Johns Water Management District. Speakers will also address pending court litigation arising from the AIG bailout, the post-Kelo eminent domain landscape in New York and around the country, takings issues related to electric transmission siting and natural gas development in the Northeast, and the takings implications of coastal fortification and/or retreat in response to sea level due to climate change.

CLE accreditation will be requested for 9.5 CLE credit hours (50-minute hour)


  • When is the government liable for a taking for causing flood damage?

  • How should landowners and regulators respond to the Supreme Court’s Koontz decision?

  • What is the connection between climate adaption and the Takings Clause?
  • Is the parcel as a whole rule alive and well in regulatory takings jurisprudence?

  • Can the Takings Clause be raised as a defense in land use or environmental enforcement actions?

  • Will Hank Greenberg prevail in his shareholder takings action based on the AIG bailout?


Friday, November 22

7:30 to 9:30
Registration and Continental Breakfast

8:00 to 9:00
Introductory Program on Takings and Related Constitutional Doctrines
Robert Meltz, Congressional Research Service
Mullen Taylor, McAngus Goudelock & Courie, LLC

9:00 to 9:15
Welcome and Introductions

9:15 to 10:00
Government Liability for Flooding after AG&FC
Robert Abrams, Florida A & M University College of Law
Julie Greathouse, Perkins & Trotter

10:00 to 11:00
The Modern Eminent Domain Power
Roderick Hills, NYU Law School
Yxta Maya Murray, Loyola Law School in Los Angeles
Ilya Somin, George Mason University School of Law

11:00 to 12:15
The Supreme Court’s “Interrupted Takings” Jurisprudence: Koontz and Horne
Vicki Been, NYU Law School
John Echeverria, Vermont law School
Richard Epstein, NYU Law School
Thomas Merrill, Columbia Law School

12:15 to 12:45

12:45 to 1:30
Keynote: Should I Stay or Should I Go?: The Sociology of Buy-Outs in Post-Sandy Staten Island
Eric Klinenberg, New York University

1:30 to 2:15
Energy Development and Takings
Alexandra Klass, University of Minnesota Law School
Deborah Goldberg, Earthjustice

2:15 to 3:15
Emerging Takings Topics
Nestor Davidson, Fordham Law School
Daniel Siegel, California Attorney General’s Office
Jerry Stouck, Greenberg Traurig, LLC

3:15 to 3:30

3:30 to 5:00
Coastal Defense and Retreat in Response to Climate Change
Peter Byrne, Georgetown University Law Center
Robin Kundis Craig, S. J. Quinney College of Law, University of Utah
Marc Poirier, Seton Hall Law School
Anne Siders, Stanford University

5:00 to 6:00


Conference Location:
40 Washington Square South
New York, New York

The following moderately priced hotels are in reasonable proximity to NYU Law and are recommended for conference participants. We urge conference participants to make their reservations as soon as conveniently possible.

Marriott Courtyard Manhattan Soho
181 Varick Street
New York, New York 10014
Online Group Code: NYLNYLA
$239 plus tax/night
Please reserve by October 31 to ensure rate availability.
When calling for reservations, reference the NYU Law Takings Conference Room Block at the SoHo Courtyard.

Club Quarters, Wall Street
52 William Street
New York, NY 10005
$256 plus taxes/night
Please reserve as soon as possible to ensure room availability.
When calling or emailing for reservations, request the NYU member rate.

Speakers are subject to change.

Cancellations/Rain Checks:
Please email your cancellation notice to by 5:00 p.m. EST, November 18, 2012, for a refund (less $100 administrative fee). Rain checks for a future program will be granted for cancellations received after November 18 and prior to the start of the program.

CLE Credits
Accreditation will be requested from the New York State Bar Association for 9.5 credits (based on a 50-minute hour). New York University School of Law is an accredited CLE provider in the State of New York.

For More Information:
For questions or registration help, please contact Tammie Johnson at Vermont Law School:
Call: 802-831-1261
Fax: 802-831-1194


Robert Abrams
Professor of Law
Florida A & M University College of Law
Tallahassee, FL

Vicki Been
Boxer Family Professor of Law
Director, Furman Center for Real Estate and Urban Policy
New York University School of Law
New York, NY

J. Peter Byrne
Professor of Law
Associate Dean (JD Program)
Faculty Director, Georgetown Environmental Law and Policy Program
Faculty Director, Georgetown Climate Center
Georgetown University Law Center
Washington, DC

Robin Kundis Craig
William H. Leary Professor of Law
S. J. Quinney College of Law, University of Utah
Salt Lake City, UT

Nestor Davidson
Professor of Law
Director, Fordham Urban Law Center
Fordham Law School
New York, NY

John D. Echeverria
Professor of Law
Vermont Law School
South Royalton, VT

Richard Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
New York, NY

Deborah Goldberg
Managing Attorney
New York, NY

Julie Greathouse
Perkins & Trotter
Little Rock, AR

Roderick Hills
William T. Comfort, III Professor of Law
New York University School of Law
New York, NY

Alexandra Klass
Julius E. Davis Professor of Law
University of Minnesota Law School
Minneapolis, MN

Eric Klinenberg
Professor of Sociology
Director of the Institute for Public Knowledge
Department of Sociology
New York University
New York, NY

Elizabeth Koslov
PhD Candidate
Media, Culture & Communications
New York University
New York, NY 

Robert Meltz
Legislative Attorney
Congressional Research Service
Washington, DC

Thomas Merrill
Charles Evans Hughes Professor of Law
Columbia Law School
New York, NY

Yxta Maya Murray
Professor of Law
William M. Rains Fellow
Loyola Law School, Los Angeles
Los Angeles, CA

Marc Poirier
Professor of Law
Martha Traylor Research Scholar
Seton Hall Law School
Newark, NJ

Patricia E. Salkin
Dean & Professor of LaW
Touro College, Jacob D. Fuchsberg Law Center
Central Islip, NY 

Anne Siders
PhD Candidate
Emmett Interdisciplinary Program in Environment and Resources
Stanford University
Palo Alto, CA 

Daniel L. Siegel
Supervising Deputy Attorney General
California Department of Justice
Sacramento, CA 

Ilya Somin
Professor of Law
George Mason University School of Law
Arlington, VA 

Jerry Stouck
Greenberg Traurig
Washington, DC

McMullen Taylor
McAngus Goudelock & Courie, LLC
Columbia, SC


Conference Sponsors

  • Vermont Law School
  • New York University School of Law
  • Fordham Law School
  • Georgetown University Law Center
  • Touro College Jacob D. Fuchsberg Law Center
  • Connecticut Conference of Municipalities
  • Connecticut Association of Municipal Attorneys
  • New Jersey State League of Municipalities
  • New Jersey Institute of Local Government Attorneys
  • New York Conference of Mayors
  • New York State Association of Counties
  • Association of Towns of the State of New York
  • Municipal Law Section and Environmental Law Section of the NY State Bar
  • Environmental Committee of the Bar of the City of New York
  • Conference of Western Attorneys General
  • International Municipal Lawyers Association
  • National Association of Counties
  • National League of Cities
  • U.S. Conference of Mayors