Pacific Legal Foundation filed an amicus brief in the Casitas takings case, involving a municipal water district's water supply and public demand for water under the federal Endangered Species Act. PLF's brief argues that the government failed to
articulate a valid background principle defense under Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1029-30 (1992). PLF further points out that the government does not directly dispute that Casitas’ water is a protected form of property, for good reason. But, as PLF points out, the Government's position in the litigation is to "effectively render Casitas’ property right a hollow, government-controlled asset that is property in
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Published In: Agriculture Updates, Constitutional Law Updates, Environmental Updates
Reference Info:Pleadings | Federal, Federal Circuit, Claims Court | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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