"In anticipation of the volumes expected to be imported into South Africa, the (GMO) Executive Council has approved the adjustment of a permit condition which relates to the handling requirement," Maroo said.
The Commission argues that a permit condition that serves the same legitimate police power purpose as a refusal to issue the permit should not be found to be a taking if the refusal to issue the permit would not constitute a taking.
We resolved, however, that the Coastal Commission's regulatory authority was set completely adrift from its constitutional moorings when it claimed that a nexus existed between visual access to the ocean and a permit condition requiring lateral public access along the Nollan's beachfront lot.
and ensuring its safety under the permitted conditions.
§ 767.16 Civil penalties for violations of Act or permit conditions.
any reasonable conditions on a permitted application related to the protection of the health, safety and welfare of the residents of the Town of Casey". 1.3(3), id., at 11-12.
(iii) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.
(c Order means any order issued by the Administrator under section 309 of the Act; any order issued by a State to secure compliance with a permit, or condition thereof, issued under a program approved pursuant to section 402 of the Act; or any order issued by a court in an action brought pursuant to section 309 or section 505 of the Act.
This case, however, is a challenge to the permit condition as applied to the Nollans' property, so the presence or absence of seawalls on other property is irrelevant.
The Court suggests that the risk of boundary disputes "is inherent in the right to exclude others from one's property," and thus cannot serve as a purpose to support the permit condition.
At this time, commodities' selling even at a loss is permitted under the condition of overall profitability.
