GREAT NORTHERN PROPERTIES, L.P. v. US , No. 22-2086 (Fed. Cir. 2024)
Annotate this CaseThe plaintiff, Great Northern Properties, L.P. ("GNP"), filed a lawsuit against the United States, alleging a Fifth Amendment taking of its coal leases on the Otter Creek property in Montana. GNP claimed that the federal government, through the Montana state regulatory authority, denied the necessary permits for coal mining. The United States Court of Appeals for the Federal Circuit affirmed the decision of the Court of Federal Claims, which dismissed the case for lack of subject matter jurisdiction. The court held that GNP could not establish that Montana's actions were coerced by the federal government or that Montana acted as an agent of the federal government. The court also noted that the federal government did not dictate the outcome in individual permitting cases and that state law governed the permitting process. Therefore, the federal government was not responsible for the permit denial, as Montana was not coerced to enact its own regulatory program following the passage of the Surface Mining Control and Reclamation Act. Furthermore, the court rejected GNP's claim that the existence of federal standards created an agency relationship between the federal government and Montana.
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