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...

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....

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...

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...