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LINGLE v. CHEVRON U.S.A. INC.

No. 04-163.

544 U.S. 528 (2005)

125 S.Ct. 2074

161 L.Ed.2d 876

LINGLE, GOVERNOR OF HAWAII, ET AL. v. CHEVRON U. S. A. INC.

Supreme Court of United States.

Decided May 23, 2005.

Attorney(s) appearing for the Case

Mark J. Bennett, Attorney General of Hawaii, argued the cause for petitioners. With him on the briefs were Michael L. Meaney, Deputy Attorney General, Seth P. Waxman, Paul R. Q. Wolfson, Robert G. Dreher, and John D. Echeverria.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae in support of petitioners. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Keisler, Malcolm L. Stewart, Mark B. Stern, and Sharon Swingle.

Craig E. Stewart argued the cause for respondent. With him on the brief were Donald B. Ayer, Michael S. Fried, and Louis K. Fisher.*

JUSTICE O'CONNOR delivered the opinion of the Court.

On occasion, a would-be doctrinal rule or test finds its way into our case law through simple repetition of a phrase— however fortuitously coined. A quarter century ago, in Agins v. City of Tiburon, 447 U.S. 255 (1980), the Court declared that government regulation of private property "effects a taking if [such regulation...

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