United States Federal Circuit

Because unchangeable facts and existing regulations indicated the Army Corps of Engineers was precluded from granting approval after an earlier denial, the Court of Federal Claims correctly held that plaintiff's taking claim was ripe for adjudication, however it is unclear whether the denial of Clean Water Act fill permit constitutes a compensable taking.

Appellate Information

• Decided 04/01/2003
• Published 04/01/2003

Judges

• RADER, Circuit Judge., Before MAYER, Chief Judge, RADER and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David E. Haddock, Pacific Legal Foundation, Sacramento, California, for amicus curiae Pacific Legal Foundation.   With him on the brief was M. Reed Hopper.


• For Appellees:
  
• Jerry Stouck,Spriggs & Hollingsworth, of Washington, DC, argued for plaintiffs-appellees.   With him on the brief were Rebecca A. Womeldorf and Vivek K. Hatti.   Of counsel was Michael R. Miner., Susan V. Cook, Attorney, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were John Cruden, Acting Assistant Attorney General;  Katherine W. Hazard and Ellen J. Durkee, Attorneys.   Of counsel on the brief were Martin R. Cohen, Attorney, Office of the Chief Counsel, U.S. Army Corps of Engineers, of Washington, DC;  and Steve Adamski, Attorney, Office of General Counsel, U.S. Army Corps of Engineers, of Saint Paul, Minnesota.