Florida Rock Industries, Inc. v. United States

OPINION

SMITH, Chief Judge.

This case is before the court on remand from the Court of Appeals for the Federal Circuit. The court is to determine what use, if any, remained after the United States Army Corps of Engineers (Army Corps or Corps), pursuant to the Clean Water Act, denied plaintiffs application for a permit to mine limestone. The court must then determine if the permit denial requires just compensation under the Fifth Amendment to the Constitution.

If all economically viable use of plaintiffs property was destroyed, then a total taking of plaintiffs property occurred, and compensation…