Hutchens, et al. v. United States, 89 Fed. Cl. 553 (Fed. Cl. 2009)

(plaintiff's claim that EPA illegally took private land (mining site near Redding, CA) by cleaning up Superfund site in 1980s dismissed; plaintiff claimed that clean-up efforts diminished value of plaintiff's property; claim filed late and court without subject matter jurisdiction; in any event plaintiff could not claim Fifth Amendment taking unless EPA action was legal in the first place - plaintiff's allegation that EPA's action was not legal undermined Fifth Amendment claim).

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