United States Federal Circuit

Judgment in favor of plaintiff's claim, which alleged that Federal Appropriations Acts revoking its fishing permits effected a temporary taking, is reversed where plaintiff did not suffer the taking of a property interest that is legally cognizable under the Fifth Amendment.

Appellate Information

• Decided 08/16/2004
• Published 08/16/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey Pidot, Chief, Natural Resources Division, Office of the Attorney General, State of Maine, of Augusta, ME, for amici curiae States of Maine, et al., Robert G. Dreher, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amici curiae Oceana and the Ocean Conservancy.


• For Appellees:
  
• Jeffrey W. Sarles, Mayer, Brown, Rowe & Maw LLP, of Chicago, IL, argued for plaintiff-appellee.   With him on the brief was Eileen Penner, of Washington, DC. Of counsel on the brief were Laurie Frost Wilson, of Lorton, VA;  and Stephen A. Saltzburg, George Washington University National Law Center, of Washington, DC., Deborah A. Bynum, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.