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Temporary takings

St. Bernard Parish Government v. United States

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year...

St. Bernard Parish Government v. United States

The Federal Claims Court held that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO) caused subsequent storm surge that was exacerbated by a "funnel...

Arkansas Game & Fish Commission v. United States

The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates...

Arkansas Game & Fish Commission v. United States

The U.S. Supreme Court held that government-induced flooding that is temporary in duration may constitute a takings and is not automatically exempt from Takings Clause inspection. The case arose after the U.S. Army Corps of Engineers...

Placer Mining Co. v. United States

The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a...

Bass Enters. Prod. Co. v. United States

The Federal Circuit held that the BLM's delay in approving a company's application for permits to drill oil and gas wells did not constitute a temporary regulatory taking. The delay was not extraordinary since it allowed the government...

Boise Cascade Corp. v. United States

The court holds that a logging company's takings claims against the United States, based on the temporary prohibition of logging due to an injunction entered by an Oregon court, were properly dismissed for failure to state a claim. The...

Boise Cascade Corp. v. State

The court reverses and remands a jury verdict awarding damages to a logging company that alleged that the state caused a temporary taking by refusing to permit logging on a parcel of the company's property on which a pair of northern...

Landgate, Inc. v. California Coastal Comm'n

The court holds that a delay in the issuance of a development permit partly owing to the mistaken assertion of jurisdiction by a state agency does not constitute a temporary taking. The state agency originally denied a landowner's...

Bass Enters. Prod. Co. v. United States

The court holds that the Bureau of Land Management's (BLM's) denial under the Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act of an application to drill on an oil and gas lease did not constitute a permanent taking of the...