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The Mojave Desert Tortoise Takes 13 to 20 Years to Mature.

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This is a Takings case.  You can get the gist of it in the first paragraph.


The Mojave desert tortoise takes 13 to 20 years to mature. Plaintiff James Doyle’s dispute with the United States dates back even longer, grows at a similarly slow pace, with maturity still to come. Mr. Doyle alleges that in 1996 the United States deprived him of all economically beneficial use of his property when it designated his land as critical habitat for the Mojave desert tortoise under the Endangered Species Act (“ESA”). In 2016, the Court dismissed Mr. Doyle’s first attempt at recovering for this alleged taking, finding that his claim was not ripe because he had not first sought a permit from the United States Fish and Wildlife Services (“FWS”) exempting him from land-use prohibitions. Mr. Doyle now contends that his Fifth Amendment takings claim is ripe. The United States moves to dismiss the case for lack of subject-matter jurisdiction. It argues that the case remains unripe . . .  (Italics added)

See James Doyle, et al, V. U.S, No. 22-499, March 24, 2023.

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