High Court May Redraw Line On US Liability For Flooding
By Natalie Rodriguez (September 26, 2012, 9:45 PM EDT) -- Environmental and property law experts are eagerly awaiting next week's oral arguments for a U.S. Supreme Court case that will likely draw a new line for when federally mandated flooding constitutes an improper taking of land, potentially opening the door to a bevy of new suits and impacting Hurricane Katrina-related cases in lower courts.
Centered around the Arkansas Game & Fish Commission's challenge to a Federal Circuit ruling that flooding by the U.S. Army Corps of Engineers at a forest preserve did not constitute a taking of property under the Fifth Amendment, the suit is being carefully watched, experts say. That's...
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