Moden v. United States
Citation: 35 ELR 20082
No. No. 04-5092, (Fed. Cir., 04/15/2005)
The Federal Circuit upheld the dismissal of landowners' inverse condemnation suit against the federal government alleging that their property was contaminated by trichloroethylene (TCE) as the result of government actions at a U.S. Air Force base. The landowners failed to point to some evidence presenting a genuine issue of material fact with regard to whether the contamination of their property with TCE was the foreseeable or predictable result of the government's authorized use of TCE on the base. Proof of causation, alone, is not sufficient for liability in an inverse condemnation case. Their suit, therefore, was properly dismissed for failure to state a claim.