Appolo Fuels, Inc. v. United States
Court of Appeals for the Federal Circuit
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
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Mugler v. KansasSupreme Court of the United States · 1887
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
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- Potomac Development Corp. v. District of ColumbiaDistrict of Columbia Court of Appeals · 2011
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