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ARKANSAS GAME & FISH COMMISSION v. UNITED STATES

Docket No.: 11-597
Certiorari Granted: Apr 2 2012
Argued: October 3, 2012
Decided: December 4, 2012

Topics:

Administrative Procedure, Clean Water, Clean Water Act, EPA, Fifth Amendment, Takings Clause, property rights

PartyNames: Arkansas Game & Fish Commission v. United States
Petitioner: Arkansas Game & Fish Commission
Respondent: United States

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 637 F3d 1366
Supreme Court Docket
Supreme Court Observer Blog Post for ARKANSAS GAME & FISH COMMISSION v. UNITED STATES

Arkansas Game & Fish Commission
v.
United States
Background:

Petitioner Arkansas Game & Fish Commission, a constitutional entity of the State of Arkansas, sought just compensation from the United States under the Takings Clause of the Fifth Amendment for physically taking its bottomland hardwood timber through six consecutive years of protested flooding during the sensitive growing season. The Court of Federal Claims awarded ยง5.7 million, finding that the Army Corps of Engineers' actions foreseeably destroyed and degraded more than 18 million board feet of timber, left habitat unable to regenerate, and preempted Petitioner's use and enjoyment. The Federal Circuit, with its unique jurisdiction over takings claims, reversed the trial judgment on a single point of law. Contrary to this Court's precedent, a sharply divided 2-1 panel ruled that the United States did not inflict a taking because its actions were not permanent and the flooding eventually stopped. The Federal Circuit denied rehearing en banc in a fractured 7-4 vote.

Question Presented:

Whether government actions that impose recurring flood invasions must continue permanently to take property within the meaning of the Takings Clause.

Note:

JUSTICE KAGAN TOOK NO PART.

ARKANSAS GAME & FISH COMMISSION v. UNITED STATES
ORAL ARGUMENT

October 3, 2012

Listen to Oral Argument in ARKANSAS GAME & FISH COMMISSION v. UNITED STATES
Holding: REVERSED AND REMANDED (EK no part)
Vote: 8-0
Opinion By:
For more coverage on ARKANSAS GAME & FISH COMMISSION v. UNITED STATES please see our blog posting.

ARKANSAS GAME & FISH COMMISSION v. UNITED STATES
Case Documents

1Oral Argument Audio
2Oral Argument Transcript (PDF)
3Petitioner's Brief (PDF)
4BRIEF AMICUS CURIAE OF NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER, NATIONAL ASSOCIATION OF HOME BUILDERS, AMERICAN FARM BUREAU FEDERATION, AMERICAN FOREST RESOURCE COUNCIL, AND CENTER FOR CONSTITUTIONAL JURISPRUDENCE IN SUPPORT OF PETITIONER
5BRIEF AMICUS CURIAE OF OWNERS' COUNSEL OF AMERICA IN SUPPORT OF THE PETITIONER
6BRIEF AMICUS CURIAE OFPACIFIC LEGAL FOUNDATION, CATO INSTITUTE, AND ATLANTIC LEGALFOUNDATION IN SUPPORT OF PETITIONER
7BRIEF OF WOLFSEN LAND & CATTLE CO., et al., AS AMICI CURIAE IN SUPPORT OF REVERSAL
8BRIEF OF WASHINGTON LEGAL FOUNDATION AND ALLIED EDUCATIONAL FOUNDATION AS AMICI CURIAE IN SUPPORT OF PETITIONER
9BRIEF FOR RESPONDENT (PDF)
10BRIEF OF PROFESSORS OF LAW TEACHING IN THE PROPERTY LAW AND WATER RIGHTS FIELDS AND BRIEF AMICUS CURIAE IN SUPPORT OF RESPONDENT
11BRIEF OF INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION, INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, NATIONAL ASSOCIATION OF COUNTIES, NATIONAL LEAGUE OF CITIES, AND U.S. CONFERENCE OF MAYORS AS AMICI CURIAE IN SUPPORT OF RESPONDENT
12Slip Opinion in ARKANSAS GAME & FISH COMMISSION v. UNITED STATES (Opinion by Justice Ruth Bader Ginsburg)