Arkansas Game & Fish Comm'n v. United States, No. 09-5121 (Fed. Cir. 2011)
Annotate this CaseBeginning in 1993 the U.S. Army Corps of Engineers implemented temporary deviations from its 1953 Water Control Manual in operating the Clearwater Dam, to protect agricultural and other uses. Efforts to update the Manual were eventually abandoned. The state sought compensation for "taking" of its flowage easement based on flooding of the 23,000-acre Black River Wildlife Management Area, which resulted in excessive timber mortality. The Court of Claims awarded more than $5.5 million in damages. The Federal Circuit reversed, reasoning that temporary flooding, which is not "inevitably recurring," does not amount to a taking, but, at most, created tort liability.
The court issued a subsequent related opinion or order on August 11, 2011.
The court issued a subsequent related opinion or order on January 29, 2013.
The court issued a subsequent related opinion or order on May 29, 2013.
The court issued a subsequent related opinion or order on December 3, 2013.
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