Helen L. Cooley, William O. Cooley, and the 7c Company v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
The United States Court of Federal Claims determined that the Army Corps of Engineers (Corps) took the property of Helen L. Cooley, William O. Cooley, and the 7C Company (collectively, Cooley) by denying a fill permit application under § 404 of the Clean Water Act, 33 U.S.C. § 1344 (1994). Cooley v. United States, 46 Fed. Cl. 538 (2000). Because the Corps’ denial of the permit application was a final decision rendering Cooley’s taking claim ripe, and because this record does not *1300show whether the Government’s later issuance of a provisional permit rendered the taking…
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