1. Home
  2. Browse Decisions
  3. F.3d
  4. 392 F.3d
  5. 392 F.3d 1372 (2004)
 

MORRIS v. U.S.

No. 04-5029.

392 F.3d 1372 (2004)

Robert E. MORRIS and Carol L. Morris, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 16, 2004.

Attorney(s) appearing for the Case

J. David Breemer, Pacific Legal Foundation, of Sacramento, California, argued for plaintiffs-appellants. With him on the brief was Robin L. Rivett.

Kathryn E. Kovacs, Attorney, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Thomas L. Sansonetti, Assistant Attorney General; Katherine J. Barton, Attorney, and William J. Shapiro, Attorney, General Litigation Section, of Washington, DC. Of counsel on the brief was Deanna Harwood, Attorney, Office of the General Counsel, National Oceanic and Atmospheric Administration, of Long Beach, California.

Before NEWMAN, CLEVENGER, and DYK, Circuit Judges.

CLEVENGER, Circuit Judge.

In this appeal, the Morrises challenge the decision of the United States Court of Federal Claims, which dismissed as unripe their claim that regulatory provisions of the Endangered Species Act effected a taking compensable under the Fifth Amendment. See Morris v. United States, 58 Fed. Cl. 95 (2003). Because the agency has discretion over the cost to the Morrises of complying with the regulations, this claim is unripe and we therefore...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases