United States Federal Circuit

In an action alleging a Fifth Amendment takings claim based on the denial of a federal permit under section 404 of the Clean Water Act, 33 U.S.C. section 1344, the Court of Federal Claims' dismissal of the claim for lack of jurisdiction under 28 U.S.C. section 1500 is affirmed where the case was barred by an earlier district court suit under the Administrative Procedure Act (APA) challenging the permit denial.

Appellate Information

• Decided 05/12/2015
• Published 05/12/2015

Judges

• Dyk

Court

• United States Federal Circuit

Counsel