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Casitas Mun. Water Dist. v. United States

ELR Citation: 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....

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