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Seiber v. United States

ELR Citation: ELR 20026
Nos. No. 03-5010, (Fed. Cir., 04/19/2004)

The court holds that the U.S. Fish and Wildlife Service's (FWS') denial of an incidental take permit authorizing logging on 40 acres of protected owl habitat was neither a physical nor a regulatory taking. Contrary to the lower court's decision, the landowners' claim is ripe....

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