AMERICAN PELAGIC FISHING CO., L.P. v. U.S.

No. 03-5101.

379 F.3d 1363 (2004)

AMERICAN PELAGIC FISHING COMPANY, L.P., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 16, 2004.


Attorney(s) appearing for the Case

Jeffrey W. Sarles, Mayer, Brown, Rowe & Maw LLP, of Chicago, IL, argued for plaintiff-appellee. With him on the brief was Eileen Penner, of Washington, DC. Of counsel on the brief were Laurie Frost Wilson, of Lorton, VA; and Stephen A. Saltzburg, George Washington University National Law Center, of Washington, DC.

Deborah A. Bynum, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.

Jeffrey Pidot, Chief, Natural Resources Division, Office of the Attorney General, State of Maine, of Augusta, ME, for amici curiae States of Maine, et al.

Robert G. Dreher, Georgetown Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amici curiae Oceana and the Ocean Conservancy.

Before CLEVENGER, SCHALL, and BRYSON, Circuit Judges.


SCHALL, Circuit Judge.

The United States appeals the decision of the United States Court of Federal Claims that American Pelagic Fishing Co., L.P. ("American Pelagic") suffered a taking in violation of the Fifth Amendment to the U.S. Constitution, for which the court awarded damages in the amount of $37,275,952.67. Am. Pelagic Fishing Co. v. United States, 49 Fed.Cl. 36 (2001) (liability) ("Am. Pelagic I"); 55 Fed.Cl. 575 (2003) (damages) ("Am. Pelagic...

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