United States Federal Circuit

In a regulatory takings action, arising from an application to mine nickel, chromium, and iron ore from the Siskiyou National Forest, the Court of Federal Claims' dismissal for lack of subject matter jurisdiction is affirmed where: 1) plaintiff's claims are not ripe, because the United States Forest Service has not reached a final decision on its application; and 2) the futility exception does not excuse plaintiff's failure to secure a final decision.

Appellate Information

• Published 2017/11/03

Judges

• WALLACH

Court

• United States Federal Circuit

Counsel