U.S. Court of Appeals for the Federal Circuit

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Federal Circuit holds that plaintiffs suffered a compensable taking of their real and personal property by permanent, recurring flooding

June 16, 2023

The U.S. Chamber filed an amicus brief supporting this outcome, focusing on the proper temporal baseline for assessing causation in a takings analysis. The court agreed with the Chamber’s approach to causation.

U.S. Chamber files amicus brief

December 23, 2021

The U.S. Chamber’s amicus brief urges the Federal Circuit to conclude that where a government historically made improvements benefiting real property, but later takes action infringing on property that was not contemplated at the time of the original improvements, the proper “baseline” for takings analysis is the period immediately before the allegedly infringing action. Jeremy C. Marwell and Benjamin H. Moss of Vinson & Elkins LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents