ELR Citation: ELR 20029
No(s). 04-5031 (Fed. Cir. Jan 28, 2005)

The Federal Circuit reversed a lower court decision that the Surface Mining Control and Reclamation Act (SMCRA) produced a physical taking of a company's mineral rights. In 1937, the company sold the surface rights of land in the Daniel Boone National Forest to the United States but it retained the ...