United States Federal Circuit
BASS ENTERPRISES PRODUCTION CO. v. US, 03-5056
The Bureau of Land Management's delay in approving plaintiff's application for permits to drill does not constitute a temporary taking where it was not extraordinary since the delay permitted the government to evaluate the potential harm from a nuclear waste storage facility nearby.
Appellate Information
- Decided 08/31/2004
- Published 08/31/2004
Judges
- GAJARSA, Circuit Judge., Before NEWMAN, GAJARSA, and DYK, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Harold L. Hensley, Jr., Hinkle, Hensley, Shanor & Martin, L.L.P., of Roswell, NM, argued for plaintiffs-appellants. Also on the brief were James M. Hudson and Joel M. Carson, III.
- For Appellees:
- Susan V. Cook, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Thomas L. Sansonetti, Assistant Attorney General; and Kathryn E. Kovacs, Attorney, and Kristine S. Tardiff, Attorney.