Federal Circuit Affirms $5.7 Million Trial Judgment Following PPGMR Win at the United States Supreme Court
On December 3, 2013, the United States Court of Appeals for the Federal Circuit affirmed a $5.7 million trial judgment against the United States for physically taking the Arkansas Game & Fish Commission’s property under the Fifth Amendment to the United States Constitution. The case arose after eight years of flooding actions by the Army Corps of Engineers destroyed much of the Commission’s habitat at the Dave Donaldson Black River Wildlife Management Area near Pocahontas. Affirming the trial court’s (Court of Federal Claims) finding that the Commission was entitled to damages for lost timber and to regenerate habitat at one of Arkansas’ premiere areas supporting migratory waterfowl, the Federal Circuit held that “the increase in flooding was great enough to change the character of large parts of the Management Area and interfere with the Commission’s ability to use the property in the manner it had been used for many years.” Arkansas Game & Fish Commission v. United States, 736 F.3d 1364, 1371 (Fed. Cir. 2013).
This appellate victory follows a unanimous decision from the United States Supreme Court (8-0) which reversed the Federal Circuit’s previous opinion that temporary floodings are not compensable under the Fifth Amendment. Upon consideration of a certiorari petition and subsequent merits briefing, the Supreme Court agreed that “government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection.” Arkansas Game & Fish Commission v. United States, 133 S. Ct. 511, 522 (2012).
Julie DeWoody Greathouse served as lead trial and appellate counsel in this important Fifth Amendment takings case. Her appellate team included PPGMR attorneys Matthew N. Miller and Kimberly D. Logue and client counsel.