United States Federal Circuit

Dismissal of plaintiffs' suit, alleging an inverse condemnation due to the contamination of their land, is affirmed where plaintiffs failed to present evidence that the government should have foreseen the release of Trichloroethylene onto their property.

Appellate Information

• Decided 04/15/2005
• Published 04/15/2005

Judges

• PROST, Circuit Judge., Before MICHEL, Chief Judge, LOURIE, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ted L. McBride, Beardsley, Jensen & Von Wald, Prof. L.L.C., of Rapid City, South Dakota, argued for plaintiffs-appellants., Nancie G. Marzulla, Defenders Of Property Rights, of Washington, DC, for amicus curiae Defenders Of Property Rights.


• For Appellees:
  
• Katherine J. Barton, 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, Mark Haag, Attorney, and, William Shapiro, Attorney, General Litigation Section.