Legal Opinion

Appolo Fuels, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided October 7, 2004No. 03-5088PublishedCited by 59 opinions

1Opinion of the Court

DYK, Circuit Judge.

Appellant Appolo Fuels, Inc. (“Appolo”) seeks recovery for both a permanent and a temporary regulatory taking of its surface mining leases. It claims that a permanent taking occurred when the Office of Surface Mining Reclamation and Enforcement (“OSM”) designated the lands subject to its leases as unsuitable for mining pursuant to 30 U.S.C. § 1272. Alternatively, Appolo seeks compensation for a temporary taking allegedly resulting from extraordinary delay in OSM’s decisionmak-ing process. The Court of Federal Claims granted summary judgment in favor of the government.…

2Cases cited22 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  4. Mugler v. KansasSupreme Court of the United States · 1887
  5. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981

17 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Norman v. United StatesCourt of Appeals for the Federal Circuit · 2005
  2. Rose Acre Farms, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  3. Resource Investments, Inc. v. United StatesUnited States Court of Federal Claims · 2009
  4. Bridge Aina Le'a, LLC v. State of Hawaii Land Use Comm.Court of Appeals for the Ninth Circuit · 2020
  5. Potomac Development Corp. v. District of ColumbiaDistrict of Columbia Court of Appeals · 2011

54 more not listed; retrieve them via the Exa API.

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