Clean Water Act

This fact sheet identifies private property takings claims that have been filed with the U.S. Court of Federal Claims as a result of regulatory actions taken under the Clean Water Act. GAO also provides information on the actual and potential liability of the U.S. government--including the amounts of the claims, interest, and attorneys' fees and other litigation costs--and on federal agencies' costs in litigating these claims.

GAO found that: (1) plaintiffs have filed 28 takings claims with the Claims Court involving regulatory actions under the section 404 program as of May 1993; (2) the Court has resolved 3 cases in favor of the claimant, 10 cases in favor of the government, and settled one case; (3) the government has paid $1.7 million in settlements and is appealing the settlements in two other cases; (4) the government's potential liability in the 14 pending cases cannot be determined; (5) in 8 of the 14 cases, plaintiffs are seeking almost $140 million in just compensation and $162 million in interest; (6) the Department of Justice and the Army Corps of Engineers do not keep data on the government's litigation costs; and (7) litigation costs depend on whether a case is dismissed or results in a decision.