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WOLFSEN LAND & CATTLE v. PACIFIC COAST FEDERATION

No. 2011-5113.

695 F.3d 1310 (2012)

WOLFSEN LAND & CATTLE COMPANY, Turner Island Farms, Inc., West Turner Island Ranch, Lone Willow Ranch, Donald C. Skinner, Lynn W. Skinner, Lawrence Scott Skinner, Thomas Clay Skinner, Laurel Lynn Skinner, Stacie L. Skinner-Hanson, Lawrence John Wolfsen, Mew Ventures, Robert Mueller, and Joanne Mueller, Plaintiffs-Appellees, v. PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, Movant-Appellant, and Natural Resources Defense Council, Movant-Appellant, v. United States, Defendant.

United States Court of Appeals, Federal Circuit.

September 21, 2012.

Attorney(s) appearing for the Case

Roger J. Marzulla , Marzulla Law, LLC, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Nancie G. Marzulla .

Michael E. Wall , Natural Resources Defense Council, of San Francisco, CA, argued for movant-appellant. On the brief were Jennifer A. Sorenson. Of counsel on the brief was Philip F. Atkins-Pattenson , Sheppard Mullin Richter & Hampton LLP, of San Francisco, CA. Of counsel were John D. Echeverria , of South Royalton, Vermont, and Katherine S. Poole , Natural Resources Defense Council, of San Francisco, CA.

Concurring opinion filed by Circuit Judge REYNA.

CLEVENGER, Circuit Judge.

This is a takings case arising from the government's releases of water from a dam in central California. Downstream property owners sued in the Court of Federal Claims, alleging that the releases unlawfully impaired their property rights in the water and inundated their land.

The government had released the water in accordance with a consent order entered by a district court and expressly approved by Congress. The consent order was...

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