Troutman Pepper, together with co-counsel from Loeb & Loeb, represented the California State Lands Commission in successfully defending an appeal taken by the Venoco Liquidating Trust from a federal bankruptcy court judgment, issued after a week-long bench trial, rejecting a $161 million inverse condemnation claim against our client. On December 12, 2023, the U.S. District Court for the District of Delaware issued an opinion affirming the bankruptcy court and adopting our client’s arguments regarding the right of a state to exercise its police powers to use private property without compensation to avert a public peril.

The team representing the commission in this case is led by David M. Fourner and Kenneth A. Listwak, and includes Joanna J. Cline, Andrew W. Slear, Crystal M. Fritsch, Monica A. Molitor, Emily L. Wheatley, and Susan M. Henry.