U.S. Court of Appeals for the Federal Circuit
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.