KLAMATH IRRIGATION DISTRICT, Tulelake Irrigation District, Klamath Drainage District, Poe Valley Improvement District, Sunnyside Irrigation District, Klamath Basin Improvement District, Klamath Hills District Improvement Co., Midland District Improvement Co., Malin Irrigation District, Enterprise Irrigation District, Pine Grove Irrigation District, Westside Improvement District No. 4, Shasta View Irrigation District, Van Brimmer Ditch Co., Fred A. Robison, Albert J. Robison, Lonny E. Baley, Mark R. Trotman, Baley Trotman Farms, James L. Moore, Cheryl L. Moore, Daniel G. Chin, Deloris D. Chin, Wong Potatoes, Inc., Michael J. Byrne, Daniel W. Byrne, and Byrne Brothers, Plaintiffs-Appellants,
v.
UNITED STATES, Defendant-Appellee, and
Pacific Coast Federation of Fishermen's Associations, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Katherine J. Barton , Attorney, Appellate Section, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, argued for all defendants-appellees. With her on the brief for defendant-appellee United States were Ronald J. Tenpas , Acting Assistant Attorney General, and Kathryn E. Kovacs , Attorney, of Washington, DC, Kristine S. Tardiff , Attorney, of Concord, New Hampshire, and Stephen M. Macfarlane , Attorney, of Sacramento, California.
Todd D. True , Earthjustice, of Seattle, Washington, for defendant-appellee Pacific Coast Federation of Fishermen's Associations. Of counsel was Shaun A. Goho .
Walter R. Echo-Hawk , Native American Rights Fund, of Boulder, Colorado, for amicus curiae Klamath Tribes. With him on the brief was Thomas P. Schlosser , Morisset, Schlosser, Jozwiak & McGaw, of Seattle, Washington, for amicus curiae Hoopa Valley Indian Tribe.
John Echeverria , Georgetown Environmental Law & Policy Institute, of Washington, DC, for amicus curiae Natural Resources Defense Council. With him on the brief were Hamilton Candee and Katherine S. Poole , Natural Resources Defense Council, of San Francisco, California.
Opinion for the court filed by Circuit Judge SCHALL. Opinion concurring-in-part and concurring in the judgment filed by Circuit Judge GAJARSA.
United States Court of Appeals, Federal Circuit.
SCHALL, Circuit Judge.
Plaintiffs-Appellants ("plaintiffs") are fourteen water, drainage, and irrigation districts and thirteen agricultural landowners in Oregon and California.1 Plaintiffs appeal the final judgment of the United States Court of Federal Claims that, based on two separate summary judgment decisions, dismissed their Fifth Amendment takings claims, their claims under the Klamath River Basin Compact, Pub.L. No. 85-222, 71...
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