On December 17, 2019, the Honorable Judge Charles F. Lettow of the United States Court of Federal Claims, issued a 46-page opinion finding the federal government liable for taking a flowage easement on private properties within the Addicks and Barker Reservoirs and upstream of the Addicks and Barker Dams—two federal flood control projects along the gulf coast in Texas.  In re Upstream Addicks & Barker (Texas) Flood-Control Reservoirs, No. 17-9001L, slip op. (Fed. Cl. Dec. 17, 2019).  The decision is the first step for upstream property owners hoping to recover damages for severe flooding caused by Tropical Storm Harvey over two years ago. Read More »

Share | Email| Comments|  Topics: Army Corps, Flooding, Takings, Takings Clause

The adage “you can’t put the toothpaste back in the tube” has manifested itself in two recent federal court decisions. Under separate theories, both the Second Circuit and the District Court of the District of Columbia have issued decisions that highlight the difficulty environmental groups faced in challenging energy infrastructure projects that have been completed during the course of litigation. Read More »

Share | Email| Comments|  Topics: Administrative Appeals, Administrative Procedures Act, Army Corps, Citizen Suit, D.C. Circuit, Energy, Marcellus Shale, NEPA, New York, NPDES, Oil and Gas, Pipelines, Second Circuit