United States Federal Circuit

Plaintiff's claim, that regulatory provisions of the Endangered Species Act effected a taking under the Fifth Amendment, is dismissed as unripe where the National Marine Fisheries Service has discretion over the cost to plaintiff of complying with the regulations.

Appellate Information

• Decided 12/16/2004
• Published 12/16/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• J. David Breemer, Pacific Legal Foundation, of Sacramento, California, argued for plaintiffs-appellants.   With him on the brief was Robin L. Rivett.


• For Appellees:
  
• Kathryn E. Kovacs, Attorney, Appellate Section, Environment and 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;  Katherine J. Barton, Attorney, and William J. Shapiro, Attorney, General Litigation Section, of Washington, DC. Of counsel on the brief was Deanna Harwood, Attorney, Office of the General Counsel, National Oceanic and Atmospheric Administration, of Long Beach, California.