Whitney Benefits, Inc. v. United States

18 Cl. Ct. 394 (1989)

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Whitney Benefits, Inc. v. United States

United States Court of Claims
18 Cl. Ct. 394 (1989)

Facts

Whitney Benefits, Inc. and the Peter Kiewit Sons’ Company (the miners) (plaintiffs) had interests in several mineral tracts and developed a strip mining plan for the area. The area was under a valley floor, which had important implications for farming in the area. While the miners were developing their plan, Congress passed the Surface Mining Control and Reclamation Act (SMCRA). That law was designed to balance mining rights with agriculture and the environment. The SMCRA generally prohibited surface mining operations on valley floors unless the operations could be shown to have negligible impacts on farming in the area. The miners spent around $1 million conducting preliminary tests and developing their plans. Government authorities (defendants) denied the miners’ permit applications under the SMCRA. The miners then sued under the Tucker Act, claiming that the SMCRA constituted a taking under the Fifth Amendment. The government authorities contended that underground mining constituted an alternative use of the land.

Rule of Law

Issue

Holding and Reasoning (Smith, C.J.)

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