In May of 2011, the U.S. Army Corps of Engineers breached a levy along the Mississippi River as part of a plan to reduce flooding near Cairo, Illinois. The result was a flood that temporarily blanketed the plaintiffs’...more
Arkansas Game and Fish Commission v. United States is before the Federal Circuit again after the U.S. Supreme Court reversed the Federal Circuit’s prior holding that government-induced flooding must be permanent for a taking...more
Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
The U.S. Army Corps of Engineers authorized repeated seasonal flooding that damaged trees on forest land owned by the Arkansas Game and Fish Commission. The question before the United States Supreme Court was “whether a...more
After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more
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