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Appolo Fuels, Inc. v. United States

ELR Citation: 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....

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