ELR Citation: ELR 20026
No(s). 03-5010 (Fed. Cir. Apr 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. Although the FWS invite...