When a government project foreseeably causes catastrophic flooding of private property, is the Government categorically exempt from takings liability on the ground that its failure to take steps to prevent or mitigate the project's destructive effects amounts to 'inaction'?

QUESTIONS PRESENTED In Arkansas Game, this Court admonished the Federal Circuit to eschew “blanket exclusionary rules” immunizing the Government from liability in takings cases. Arkansas Game and Fish Comm’n v. United States, 568 U.S. 23, 37 (2012). Nevertheless, the Federal Circuit in this case adopted two such categorical exemptions. The questions presented are: 1. When a _ government project foreseeably causes catastrophic flooding of private property, is the Government categorically exempt from takings liability on the ground that its failure to take steps to prevent or mitigate the project’s destructive effects amounts to “inaction”? 2. Is the Government categorically exempt from takings liability any time a government flood control structure fails to prevent flooding, even if the Government’s own intentional conduct relating to a separate project having nothing to do with flood control foreseeably caused the failure of the flood control structure and the resulting flooding?