Sent: Saturday, February 13, 2010 5:40 PM

Subject: New article on the GMA, CAPR v. Sims and Takings law

YES PATRICIA, THERE IS
A SANTA CLAUSE.

HOT DOG….THIS
HAS ME EXCITED!!

EVERYONE NEEDS TO SHOW
UP MONDAY NIGHT 6PM AT THE TRI-AREA CC.

IT’S POT LUCK
BUT YOU CAN JUST BRING WHATEVER YOU GOT IN THE FRIDGE THAT WON’T POISON
ANYONE.

Larry Carter USN, EMCM
(Ret.)

President

Citizens Alliance for
Property Rights

Jefferson County

931 Olele
Point Rd

Port Ludlow, WA 98365

Hm:360-437-9224
Mobile: 360-301-2264

Hi all,

Daniel and I at PLF's PNW
office recently completed an article discussing the CAPR v. Sims case that
you all may find interesting and particularly relevant with all of the
shoreline updates lining up for challenges.

The Article examines how Washington
State courts have allowed the precautionary principle to encroach upon the
essential nexus test in the context of land use exactions. The essential nexus
test requires government to establish a cause-and-effect connection between development
and an identified public problem before placing conditions on development. The
precautionary principle, however, endorses regulation of land use in the
absence of causation. Although U.S. Supreme Court precedent requires government
to prove causal connections, recent Washington case law shows that this test of
causation is morphing into a less scrutinizing means-end test of rationality.
This shift was evident in the recent case of Citizens' Alliance for Property
Rights v. Sims. In that case, Washington courts found the government's
generalized scientific assessments to satisfy the essential nexus test, even
though the science did not establish a causal connection between clearing of
rural properties and environmental harm due to stormwater
runoff. The Article urges courts to take a more vigorous interest in protecting
private property rights by making causation, not precaution, the driving
principle of environmental regulation.

You can download a
digital copy here:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1533574

Please feel free to share this link
with anyone you know who may be interested.

Best,

Brian
T. Hodges

Managing Attorney

Pacific Legal Foundation

Pacific Northwest Regional Office

10940 NE 33rd Place, Ste. 210

Bellevue, WA 98004

ph/ 425-576-0484

fax/ 425-576-9565

www.pacificlegal.org

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