Takings: Is the Claims Court all Wet?

On July 23, 1990, U.S. Claims Court Chief Judge Loren Smith decided two Federal Water Pollution Control Act §404 cases- Loveladies Harbor, Inc. v. United States and Florida Rock Industries, Inc. v. United States-that have generated considerable controversy. It is quite likely that they will either be distinguished by other courts on the basis of the particular facts or be reversed on appeal as bad law, as in an earlier, similar ruling Florida Rock. If not, these cases would mark a major break with legal precedent.