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Tuesday, April 23, 2024 | Back issues
Courthouse News Service Courthouse News Service

Supreme Court Imposes Strict Deadline In Lawsuit

WASHINGTON (CN) - The U.S. Supreme Court voted 7-2 to dismiss a gravel company's claim that the Environmental Protection Agency illegally seized its mining-leaseholder rights.

Justice Stephen Breyer held that the Federal Circuit correctly brought up the fact that the John R. Sand & Gravel Co. has missed its filing deadline, even though the government waived the issue.

Justices Stevens and Ginsburg dissented, saying the majority relied on a precedent that is "no longer good law."

"After today's decision," Ginsburg wrote, "one will need a crystal ball to predict when this court will reject, and when it will cling to, its prior decisions interpreting legislative texts."

The ruling could influence thousands of similar cases, as others seeking payment from the EPA will file suit "early and often" to avoid a similar fate. See ruling.

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