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,...

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No 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...

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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...

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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...

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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....

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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...

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Case 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...

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The 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...

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