Appolo Fuels, Inc. v. United States

ELR Citation: ELR 20087
No(s). 03-5088 (Fed. Cir. Aug 30, 2004)

The Federal Circuit held that a mining company did not suffer a taking when the OSM designated lands subject to the company's surface mining leases as unsuitable for mining pursuant to SMCRA. The company did not suffer a categorical taking because the company did not lose all economically viable use...