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Appolo Fuels, Inc. v. United States

ELR Citation: 34 ELR 20087
Nos. No. 03-5088, (Fed. Cir., 08/30/2004)

The Federal Circuit held that a mining company did not suffer a taking when the OSM designated lands subject to the company's surface mining leases as unsuitable for mining pursuant to SMCRA. The company did not suffer a categorical taking because the company did not lose all economically viable use of the leases. Neither lease falls entirely within the designation area. Nor did the company suffer a partial regulatory taking. The company's lack of reasonable investment-backed expectations, coupled with health and safety interests, outweigh the company's economic injury. In addition, the OSM's delay in the decisionmaking process was not so extraordinary as to give rise to a temporary taking.