Blog
Temporary or Not, It’s a Taking
Five landowners owning 14 parcels of land brought a takings case in the U.S. Court of Federal Claims alleging that the United States had caused a temporary taking of their property when the Surface Transportation Board, acting under the National Trails System Act,...
read moreNo Strike Zone
Hanover Insurance Company and Lodge Construction, Inc. brought contract claims under the Contract Disputes Act in the U.S. Court of Federal Claims. In response, the Government originally filed answers raising no affirmative defenses or counterclaims. Later the...
read moreNo 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...
read moreWhat 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...
read moreChallenge to Riverside Fairy Shrimp Critical Habitat Designation Still Pending in Federal District Court in D.C.
On December 4, 2012, the U.S. Fish and Wildlife Service published a revised final rule designating approximately 57 acres of land in Otay Mesa in San Diego County, as critical habitat for the Riverside fair shrimp. Scientifically known as Streptocephaluswoottoni),...
read moreThe 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....
read moreSmoke 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...
read moreCase Update: Houston Flooding Cases
In a recent article, we reported on the massive filing of hundreds of just compensation cases in the Court of Federal Claims arising from flooding associated with Hurricane Harvey hitting Houston in August 2017. Chief Judge Susan Braden has consolidated all of the...
read moreCongressional References and the U.S. Court of Federal Claims
Under 28 U.S.C. Sections 1492 and 2509, the U.S. Court of Federal Claims is explicitly authorized to resolve claims referred by either house of Congress to the Chief Judge. A congressional reference case begins with a claimant enlisting the support of a Representative...
read moreThe Mojave Desert Tortoise Moves In
In the 1980s, James Doyle, a successful real estate developer, purchased over 2,440 acres of land in St. George, Utah and invested large amounts of money to plan development that included luxury homes and nine golf courses. In the early 1990s, the U.S. Fish and...
read more