By Steve Davies – ESWR – December 4, 2012
The Federal Circuit Court of Appeals will have to reconsider its conclusion that flooding caused by the Army Corps of Engineers’ operation of a dam did not cause a “taking” of forest land owned by the Arkansas Game and Fish Commission. Justice Ruth Bader Ginsburg read the court’s bench statement this morning summarizing its opinion, issued before arguments began for the day. The court found that government-caused flood damage did not have to permanent to be considered a taking of public land that might require just compensation. For full blog post, click here.