The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company…

The Seventh Circuit held that the state of Illinois would be violating the U.S. Constitution if it confiscated any part of a clean energy foundation's assets. After the state legislature…

The Federal Circuit affirms a lower court decision finding property owners' takings claim against the National Marine Fisheries Service unripe. The owners sought to harvest redwood trees on…

The Federal Claims Court holds that landowners are not entitled to just compensation under the Fifth Amendment in their action against the U.S. Army Corps of Engineers (the Corps) for requiring…

The Federal Circuit held that the government's deposit of sand on landowners' property amounted to a physical taking of a permanent easement but that the landowners failed to establish…

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…

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…

A federal claims court, on remand, adjusted the damages awarded to the owners of low-income housing units that suffered a temporary regulatory takings in connection with the passage of the…

The Federal Circuit reversed a lower court decision that a commercial fishing company suffered a taking when its fishing permits were revoked under 1997 and 1998 Appropriations Acts. The…

The Ninth Circuit reversed a lower court decision to find a possible equal protection violation when a state water quality control board's overzealous regulation of a ski resort's water…