CASITAS MUNICIPAL WATER DISTRICT, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 25, 2008.
September 25, 2008.
Attorney(s) appearing for the Case
Roger J. Marzulla, Marzulla Law, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Nancie G. Marzulla and Gregory T. Jaeger.
Katherine J. Barton, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Ronald J. Tenpas, Assistant Attorney General, and Kathryn E. Kovacs, Kathleen L. Doster, and James D. Gette, Attorneys.
Lisabeth D. Rothman, Hatch & Parent, A Law Corporation, of Los Angeles, CA, for amici curiae California Building Industry Association, et al.
Tara L. Mueller, Deputy Attorney General, California Office of the Attorney General, of Oakland, CA, for amicus curiae California State Water Resources Control Board. With her on the brief was Clifford T. Lee, Deputy Attorney General, of San Francisco, CA.
Hertha L. Lund, Wittich Law Firm, P.C., of Bozeman, MT, for amici curiae Idaho Farm Bureau Federation, et al.
Jeffrey B. Clark, Kirkland & Ellis LLP, of Washington, DC, for amici curiae Tulare Lake Basin Water Storage District, et al. With him on the brief was Scott M. Abeles. Of counsel on the brief was William C. Kuhs, Kuhs & Parker, of Bakersfield, CA.
William P. Pendley, Mountain States Legal Foundation, of Lakewood, CO, for amicus curiae Mountain States Legal Foundation. With him on the brief was J. Scott Detamore.
John D. Echeverria, Environmental Law & Policy Institute, Georgetown University Law Center, of Washington, DC, for amicus curiae Natural Resources Defense Council. Of counsel on the brief was Katherine S. Poole, Natural Resources Defense Council, of San Francisco, CA.
J. David Breemer, Pacific Legal Foundation, of Sacramento, CA, for amicus curiae Pacific Legal Foundation.
Jennifer L. Spaletta, Herum Crabtree Brown, of Stockton, CA, for amicus curiae Stockton East Water District.
Opinion for the court filed by Circuit Judge MOORE. Opinion dissenting-in-part filed by Circuit Judge MAYER.
United States Court of Appeals, Federal Circuit.
MOORE, Circuit Judge.
Casitas Municipal Water District (Casitas) appeals the judgment of the United States Court of Federal Claims granting summary judgment in favor of the government holding that there was no governmental breach of contract and no compensable taking under the Fifth Amendment. We affirm-in-part, reverse-in-part, and remand.
BACKGROUND
Congress authorized the construction of the Ventura...
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