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Casitas Mun. Water Dist. v. United States

ELR Citation: 39 ELR 20037
Nos. No. 2007-5153, (Fed. Cir., 02/17/2009) Rehearing denied

The Federal Circuit denied the U.S. government's petition to rehear a case requiring the federal government to pay a water district for diverting water to protect endangered steelhead trout. A concurring judge explained that this case, as it was presented on appeal, is one in which a physical, not a regulatory, taking analysis ought to apply. The U.S. Supreme Court has repeatedly found water diversions to be physical takings. And under the facts of this case, the circuit court was compelled to reach the same conclusion.

[Prior decisions in this litigation can be found at 36 ELR 20209 and 38 ELR 20251.]