OMAHA- Hundreds of landowners along the Missouri River just raised the stakes in the costly battle with the federal government.

A law firm has successfully sued the government over flooding caused by endangered species projects filed another lawsuit Wednesday that will allow for even more landowners to claim damages. Around 400 landowners signed onto the first lawsuit that has been in the works for about eight years. The difference between a mass action and class action is that each individual has to prove their case under a mass action.

A senior judge with the U.S. Court of Federal Claims said landowners had until Dec. 31 to file their claims. The U.S. Justice Department has declined to comment on this issue. The main issue in the lawsuits is whether the Corps of Engineers contributed to the flooding through various projects they were doing during the time, with emphasis on projects focused on endangered species. The corps deny this, but the firm said the engineers used land without compensating landowners which is a violation is the Fifth Amendment which prohibits taking property without compensation.

These endangered species projects come into play because under federal law, the Endangered Species Act requires the corps to take those species into their own hands, so they must do so within federal regulation. The projects allegedly began increased flooding and decreased the value of the land by 25% in the impacted areas while doing so.

Congressional delegations in Nebraska, Iowa, Missouri and Kansas have all called on the corps to settle with landowners on this lawsuit.

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