ELR Citation: ELR 20088
No(s). 03-5056 (Fed. Cir. Aug 31, 2004)

The Federal Circuit held that the BLM's delay in approving a company's application for permits to drill oil and gas wells did not constitute a temporary regulatory taking. The delay was not extraordinary since it allowed the government to evaluate whether the proposed wells would cause the release of radioactive material from a nearby underground nuclear waste storage facility.

[A prior decision in this litigation is published at 28 ELR 20046.]