[Eric in the Ozarks]

The coal company I once worked for filed a lawsuit against the Department of the Interior back in the 80s making a similar claim. Our theory was that the Jimmah Cahtah surface mining law constituted a “taking” that left the property owner without compensation (the land owner's coal was made impossible to mine.)
Because of the cost involved in federal court, we chose not to appeal our defeat.

[dhs12345]

Bummer. The statue of limitions has probably expired.