Takings and Wetlands in the Claims Court: Florida Rock and Loveladies Harbor

December 1990
Citation:
20
ELR 10517
Issue
12
Author
Lee R. Epstein

On July 23, 1990, the U.S. Claims Court found in two separate decisions that the federal government had unconstitutionally taken private property without just compensation.1 In both, the U.S. Army Corps of Engineers (Corps) had denied Clean Water Act §4042 permits to fill wetlands. The permit denial in New Jersey, affecting a 12.5-acre portion of residential property, resulted in the court ordering $2.6 million in damages.3 The other, in Florida, resulted in a $1 million award for the denial of a limestone mining operation on 98 acres.4 Although the Claims Court is only the trial court for monetary damage claims against the federal government under the Tucker Act,5 and appeals to the Federal Circuit and the U.S. Supreme Court are still possible, the current visibility and prominence of wetlands policy and jurisprudence suggest that these cases have the potential to shape judicial decisions for years to come.

Lee R. Epstein is a partner at Linowes and Blocher in Silver Spring, Maryland, where he specializes in environmental and natural resources law. He is a former Maryland Assistant Attorney General.

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Takings and Wetlands in the Claims Court: Florida Rock and Loveladies Harbor

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