United States Federal Circuit

The Court of Federal Claims erred in concluding that the Surface Mining Control and Reclamation Act produced a physical taking of plaintiff's mineral rights.

Appellate Information

• Decided 01/28/2005
• Published 01/28/2005

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John D. Echeverria, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amicus curiae Kentucky Resources Council, Inc., Timothy J. Dowling, Community Rights Counsel, of Washington, DC, for amici curiae International Municipal Lawyers Association and The National League of Cities.   Of counsel on the brief was Jason C. Rylander.


• For Appellees:
  
• Bruce F. Clark, Stites & Harbison PLLC, of Frankfort, Kentucky, argued for plaintiff-appellee.   With him on the brief were Judith A. Villines and Michele M. Whittington., Katherine J. Barton, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Thomas L. Sansonetti, Assistant Attorney General, Silvia Sepulveda-Hambor and Kathryn E. Kovacs, Attorneys.   Of counsel on the brief was Daniel W. Kilduff, Office of the Solicitor, United States Department of the Interior, of Washington, DC. Of counsel was Kelly A. Johnson, Deputy Assistant Attorney General.