SEIBER v. U.S.

No. 03-5010.

364 F.3d 1356 (2004)

Marsha SEIBER and Alvin Seiber, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: April 19, 2004.


Attorney(s) appearing for the Case

Phillip D. Chasey, Stoel Rives LLP, of Portland, OR, argued for plaintiffs-appellants. With him on the brief were Charles F. Adams and Scott E. Crawford.

Kathryn E. Kovacs, Attorney, Environment & Natural Resources Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Kelly A. Johnson, Acting Assistant Attorney General; and Katherine J. Barton, Attorney.

John E. Echeverria, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amicus curiae the Audubon Society of Portland, et al.

Before NEWMAN, LOURIE, and DYK, Circuit Judges.


DYK, Circuit Judge.

This is a Fifth Amendment temporary takings case involving the Fish and Wildlife Service's ("FWS") denial of a federal incidental take permit ("ITP") to authorize logging on a forty-acre tract of land in Oregon belonging to the appellants Marsha and Alvin Seiber (the "Seibers"). The Court of Federal Claims granted summary judgment for the government, holding that the takings claim was not ripe and that, in any event, the permit denial did not constitute...

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