United States Federal Circuit

Plaintiff's allegation, that the government's designation of its land as unsuitable for mining constitutes a permanent taking, is rejected where plaintiff's lack of reasonable investment-backed expectations, coupled with health and safety interests, outweigh plaintiff's economic injury.

Appellate Information

• Decided 08/30/2004
• Published 08/30/2004

Judges

• DYK, Circuit Judge., Before SCHALL, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James R. Golden, Denham, Golden and Nagle, of Middlesboro, KY, argued for plaintiff-appellant.   Of counsel was Keith A. Nagle.


• For Appellees:
  
• Mark R. Haag, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Thomas L. Sansonetti, Assistant Attorney General;  and Dorothy R. Burakreis, Attorney.