More on Today’s Grant in No. 06-1164, John R. Sand & Gravel Co. v. United States

By Amy Howe
on May 29, 2007 at 4:35 pm

In No. 06-1164, John R. Sand & Gravel Co. v. United States, in which cert. was granted today, the Court will consider whether the Tucker Act’s six-year statute of limitations is jurisdictional (and thus may not be waived by the parties).

In May 2002, petitioner John R. Sand & Gravel Co. filed a lawsuit against the United States in the Court of Claims, alleging that the EPA’s remediation work at a landfill effected a physical taking of its lease to mine sand and gravel at the site. The United States responded that JRS&G’s claims were time-barred. The Court of Claims agreed in part and entered judgment for the government on the remaining claims. On appeal, although the government did not challenge the timeliness of JRS&G’s remaining claims, an amicus raised the issue in its brief. Addressing the issue, the Federal Circuit held that the Tucker Act’s six-year statute of limitations is jurisdictional and cannot be waived. The court of appeals explained that the statute of limitations is “a condition that must be met for a waiver of sovereign immunity in a suit for money damages against the United States.” Because JRS&G’s takings claim accrued in February 1994, the court continued, it was time-barred and the Court of Federal Claims lacked jurisdiction to consider it.

After its petition for rehearing was denied, JRS&G sought certiorari. Today the Court agreed to review the jurisdictional question; the case is expected to be argued in the fall.