United States Federal Circuit

Denial of a federal incidental take permit to authorize logging on 40 acres of protected owl habitat owned by plaintiffs was neither a physical nor a regulatory taking. Plaintiffs were not deprived of all economically viable use of the timber on their 200-acre parcel; no economic injury was shown to have resulted from the alleged temporary taking.

Appellate Information

• Decided 04/19/2004
• Published 04/19/2004

Judges

• DYK, Circuit Judge., Before NEWMAN, LOURIE, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Phillip D. Chasey,Stoel Rives LLP, of Portland, OR, argued for plaintiffs-appellants.   With him on the brief were Charles F. Adams and Scott E. Crawford., John E. Echeverria, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amicus curiae the Audubon Society of Portland, et al.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, Environment & Natural Resources Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Kelly A. Johnson, Acting Assistant Attorney General;  and Katherine J. Barton, Attorney.