Arkansas Game & Fish Commission v. United States, 133 S. Ct. 511 (U.S. Sup. Ct. 2012), rev'g., and rem'g., 637 F.3d 1366 (Fed. Cir. 2011)

(appellate court held that deviations by U.S. Army Corps of Engineers from operating plan for dam that caused increased flooding downstream to wildlife management area that plaintiff owned were only temporary and not “inevitably recurring” and did not constitute taking of flowage easement; Fed. Cir. opinion reversed Court of Federal Claims opinion holding that action constituted taking of temporary flowage easement over plaintiff’s property – damages of $5,778,758 awarded; on further review, U.S. Supreme Court unanimously reversed, holding that "recurrent floodings, even if of finite duration, are not categorically exempt from Takings Clause liability").