Federal Circuit

An interesting one from the U.S. Court of Appeals for the Federal Circuit, Ligado Networks, LLC v. United States, No. 25-1792 (Mar. 9, 2026). In an unsigned opinion, the court held that it couldn’t determine whether the plaintiff suffered a physical taking of its radio license because the parties had not adequately briefed the argument that a federal statute created a private property right. …
Continue Reading CAFED: We Can’t Tell Whether There’s Been A Physical Taking, Because You Haven’t Explained Well Enough What Property Interest You Have In Using Radio Frequencies

In an earlier post (“CAFED: Like We Said Before, “Inevitably Recurring” Flooding Is A Taking“), we covered the U.S. Court of Appeals for the Federal Circuit’s recent opinion in Alban v. United States, No. 23-1363 (Dec. 22, 2025), which held that the failure of the Corps of Engineers to properly operate two…

Here’s the latest in an issue we’ve been following.

In Alban v. United States, No. 23-1363 (Dec. 22, 2025), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’s judgment concluding that the failure of the Corps of Engineers to properly operate two dams, which resulted in upstream…