“Whether the CFC’s judgment that the United States is liable for a taking of private property should be reversed on any of the following grounds: 1. The CFC applied an incorrect legal standard for determining whether the entirety of the government’s action is the cause-in-fact of the flooding damage about which Plaintiffs complain. 2. The CFC erred in holding that the United States could not defend against the alleged takings by showing that the relative benefits to Plaintiffs’ property from the Missouri River Mainstem System of Reservoirs (System), associated federal levees, and the Bank Stabilization and Navigation Project (Navigation Project, or the BSNP) outweigh any detriments. 3. The CFC misapplied the factors from Arkansas Game and Fish Commission v. United States, 568 U.S. 23 (2012), to conclude that the United States was responsible for a taking-by-flooding of Plaintiffs’ property. 4. The CFC erroneously selected a date of taking corresponding only to an administrative cut-off to assist with discovery and unrelated to any physical events regarding Plaintiffs’ claims.”
