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.
As 2013 comes to an end, we are still without a new farm bill. Both the U.S. Senate and House passed versions of the new farm bill in 2013. The Senate Agriculture Committee approved its version of the 2013 farm bill (S. 954, the Agriculture Reform, Food, and Jobs Acts of 2013) on May 14, 2013. The next day, the House Agriculture Committee approved its version of the farm bill (H.R. 1947, the Federal Agriculture Reform and Risk Management Act of 2013).
John F. Peiserich & Michael R. Christian, A Summary of Revisions to Idaho’s Oil and Gas Conservation Act and Rules: Responding as Production in Idaho Nears Reality, 49 IDAHO L. REV. 497 (2013).
PRESENTED TO THE 16TH ANNUAL CONFERENCE ON LITIGATING TAKINGS CHALLENGES TO LAND USE AND ENVIRONMENTAL REGULATIONS
PANEL ON GOVERNMENT LIABILITY FOR FLOODING AFTER ARKANSAS GAME & FISH COMMISSION V. UNITED STATES, 133 S. CT. 511 (2012)