United States Federal Circuit

Regulation of property owners' real property, pursuant to section 404 of the Clean Water Act, effected no Fifth Amendment taking under the factors articulated in Penn Central Transportation Company v. New York City, 438 U.S. 104.

Appellate Information

• Decided 09/11/2002
• Published 09/11/2002

Judges

• GAJARSA, Circuit Judge., Before SCHALL, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James S. Burling,Pacific Legal Foundation, of Sacramento, CA, argued for plaintiffs-appellants.   Of counsel on the brief was Stanley J. Walcek, of Bethany Beach, DE.


• For Appellees:
  
• John L. Smeltzer, Attorney, Environment and Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were John C. Cruden, Acting Assistant Attorney General;  and Katherine J. Barton, Attorney.