SCOTUS Decides Tribal Case, but What About the Regulatory Taking?

The Supreme Court just decided the case of United States v. Tohono Oodham Nation. This case involved the Court of Federal Claim's jurisdiction to hear a case when a companion case, seeking different relief, was pending in a district court. United States v Tohono Oodham Nation, No. 09-846 (Apr 26 2011) // Representing the National Association of Home Builders, we filed an amicus brief in support of the Nation. Our brief pointed out the impact of the statute on a regulatory takings claim against the federal government and provided the court with our analysis of the statute in the property rights context. The Supreme Court didn't go there, but we will be watching this case and how the lower courts apply it in the property rights context in the future.

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