UPDATE: While we continue to review the transcript, we did want to mention a post we caught by Ben Barros on the PropertyProf blog this afternoon. (Professor Barros may have attended the arguments this morning and have a bit more insider information as he indicated that he's updating the post from his notes.) What we find interesting and wish to repeat is his comment about the absence of Justice John Paul Stevens from the bench today: "Informed comment around the Court seemed to be that he has recused himself because he owns Florida beachfront property. This is a potentially big deal because (a) Justice Stevens has been the most vocal advocate of the government position in the Supreme Court's recent regulatory takings jurisprudence and (b) because it increases the chances of a 4-4 decision."
Positive change at EPA?
2 hours ago