No Second Chances

On March 19, 2018, the U.S. Court of Federal Claims gave the attorneys for prevailing plaintiffs in a rails-to-trails Fifth Amendment takings case a severe haircut on their attorneys’ fee petition.  (See earlier blog entitled Judicial Hair Cut). At issue before the...

What Makes Land “Critical Habitat?”

Under the federal Endangered Species Act, the U.S. Fish and Wildlife Service is authorized to designate land (or water) that a species occupies, i.e., lives (or could naturally live or grow) as “critical habitat” for an endangered species.  16 U.S.C. § 1533...

The Supreme Court Welcomes Dusky Gopher Frogs

On January 22, 2018, the U.S. Supreme Court agreed to hear a challenge to the U.S. Fish and Wildlife Service’s designation of 1,500 acres of private forestry land in Louisiana as critical habitat for the dusky gopher frog, an endangered species.  Weyhauser v. U.S....

Smoke and Mirrors

On June 21, 2017, Plaintiff, Acme Worldwide Enterprises, Inc., filed a patent infringement case against the U.S. Army and the U.S. Air Force in the U.S. Court of Federal Claims.  Industrial Smoke & Mirrors, Inc., the manufacturer of a machine gun recoil simulator...