On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed (pdf) the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in the context of the federal Endangered Species Act (ESA).
Casitas Municipal Water District (Casitas) has a contract with the federal Bureau of Reclamation and a license with the State of California authorizing it to divert water for the Ventura River Project (Project). The contract with the Bureau of Reclamation states that Casitas ...
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