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PEOPLE OF BIKINI EX REL. KILI/BIKINI/EJIT LOCAL AND GOVERNMENT COUNCIL v. U.S.

Nos. 2007-5175, 2007-5176.

554 F.3d 996 (2009)

The PEOPLE OF BIKINI, by and through the KILI/BIKINI/EJIT LOCAL AND GOVERNMENT COUNCIL, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. Ismael John, Jackson Ading, James Gideon, Kunio Joseph, Harry Jackson, Boaz David, Sam Levai, Baliken Jackson, David Obet, Kosima Johannes, Jinet Langrus, Ebel Joseph, George Yoshitaro, Isaho Luther, Bikenji Paul, Neptali Peter, and Moses Abraham, for Themselves and for a Class Consisting of the People of Enewetak, Plaintiffs-Appellants, v. United States, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 29, 2009.

Attorney(s) appearing for the Case

Patricia A. Millett, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for plaintiff-appellant in appeal 2007-5175. With her on the brief were Thomas C. Goldstein, Robert K. Huffman, Duncan N. Stevens, and Monica P. Sekhon. Of counsel on the brief was Jonathan M. Weisgall, Jonathan M. Weisgall Chartered, of Washington, DC.

Jonathan G. Cedarbaum, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for plaintiffs-appellants in appeal 2007-5176. With him on the brief were Seth P. Waxman and P. Davis Oliver; Craig E. Estes, of Boston, MA, and Daphna Renan, of New York, N.Y. Of counsel on the brief was Davor Pevec, Law Offices of Davor Pevec, of Honolulu, HI.

Brian M. Simkin, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee in appeals 2007-5175 and 2007-5176. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director.

Before LOURIE, RADER, PROST, Circuit Judges.

RADER, Circuit Judge.

The people and descendants of the Bikini and Enewetak Atolls seek just compensation for the taking of their land and their legal claim by the United States government. The Nuclear Claims Tribunal has awarded, but not completely funded, compensation for the Atolls' inhabitants due to bomb testing in the 1940s and 1950s. Because the parties clearly and unambiguously agreed to extinguish any judicial jurisdiction over the claims presented in these...

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