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Court of Appeals Finds Diversion for Endangered Species To Be Physical Taking
Publication year - 2008
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.2008.tb09791.x
Subject(s) - endangered species , jurisprudence , government (linguistics) , constitution , law , relevance (law) , business , political science , habitat , biology , ecology , linguistics , philosophy
In Casitas Municipal Water District v. United States, Case No. 2007‐5153 (Fed. Cir. 2008), the Court of Appeals for the Federal Circuit held that when the government causes water to be diverted from a reclamation project for the benefit of an endangered species, the diversion is a physical taking of property that is per se compensable under the Fifth Amendment of the U.S. Constitution. The Casitas ruling revives the jurisprudence of physical takings with respect to water rights while adding to it a new level of complexity. By bringing the issue of physical takings back into legal relevance, Casitas has the potential to significantly affect federal mandates applicable to water users throughout the United States.