ARKANSAS GAME & FISH COM'N v. U.S.

Nos. 2009-5121, 2010-5029.

637 F.3d 1366 (2011)

ARKANSAS GAME & FISH COMMISSION, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 30, 2011.


Attorney(s) appearing for the Case

Julie D. Greathouse , Perkins & Trotter, PLLC, of Little Rock, Arkansas, argued for plaintiff-cross appellant. With her on the brief were James F. Goodhart and John P. Marks , Arkansas Game & Fish Commission, of Little Rock, Arkansas.

Robert J. Lundman , Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief was Ignacia S. Moreno , Assistant Attorney General.

Opinion of the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.


DYK, Circuit Judge.

The Arkansas Game and Fish Commission ("the Commission") filed a physical takings claim against the United States in the Court of Federal Claims ("Claims Court"), alleging that the United States had taken its property without just compensation. The Commission claimed that temporary deviations by the Army Corps of Engineers ("the Corps") from an operating plan for Clear-water Dam during the years 1993 to 2000 caused increased flooding in the Commission...

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