Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Proper Definition Of The Relevant Property Leads to a $7 Million Award In a Takings Case Arising From Denial of A Wetlands Fill Permit

By Caleb Holmes on March 24, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

From Jerry Stouck of GT Washington, D.C.:

A Florida company was awarded nearly $7 million by the U.S. Court of Federal Claims on March 14 in a long-running case involving a claimed unconstitutional taking of property arising from the denial of a Clean Water Act Section 404 wetlands fill permit.  The critical issue underlying the court’s ruling, as is often the case in “regulatory takings” cases seeking just compensation for the denial of property rights, was the proper definition of the property parcel that was taken.  This issue is often called the “parcel-as-a-whole” doctrine.  Developers and others whose businesses require permits of various types should be familiar with this doctrine.

The trial court initially found no taking, concluding that the denied permit was for a parcel that was merely a part of a much larger relevant tract.  Thus, the permit denial only impaired the value of the larger tract, which is not a taking.  The appeals court reversed, holding that the relevant parcel for takings purposes was just the parcel for which the permit was denied.  That ruling led the trial court on remand to find that the permit denial completely eliminated the value of the relevant parcel, which is a taking and entitled the property owner to substantial compensation (as well as attorneys’ fees).

Photo of Caleb Holmes Caleb Holmes

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive

…

Caleb’s practice focuses on complex environmental litigation and environmental compliance. Caleb has represented clients in state and federal courts and in administrative proceedings. In his environmental litigation practice, Caleb often represents corporate clients in cost recovery, contribution and government enforcement actions under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Caleb has litigated such matters through trial and has also helped clients negotiate and settle matters. He has worked with clients on cases involving a wide variety of contaminants, including but not limited to PCBs, PFAS, and dioxins. Caleb also has broad experience litigating complex commercial litigation, including products liability and mass tort/toxic tort matters. He has a depth of experience with all aspects of discovery, including work with experts, taking and defending depositions, motion practice, trial preparation and settlement negotiation.

Caleb provides practical advice to clients in the acquisition and disposition of businesses and assets and the re-development of brownfield sites. He works with clients to achieve compliance with state-specific voluntary cleanup programs, including Pennsylvania’s Land Recycling Program (Act 2).

Caleb counsels clients on compliance with a broad range of federal and state environmental laws, including RCRA, the Clean Air Act, the Clean Water Act, and a host of other federal and state environmental laws.

In addition to his legal work, Caleb is active in various professional and civic organizations. He is currently serving as the Council’s Secretary for the Pennsylvania Bar Association’s Environmental and Energy Law Section.

Read more about Caleb HolmesEmail
Show more Show less
  • Posted in:
    Government Contracts
  • Blog:
    E2 Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo