Casitas Municipal Water District v. United States

Stockton East Water District--amicus brief


When is an amicus brief not an amicus brief? Stockton East argues that the California State Water Resources Control Board's brief in support of the federal government's litigating position in the Casitas takings case is not truly an amicus brief of the State Water Board. Rather, as Stockton East points out, the State Water Board's reflects the political and policy decisions of the staff person, the Executive Director, who authorized the fiing of the brief. But the State Water Board as a whole neither authorized the fiing of the brief nor signed off on the positions taken in the brief. And why would the State Water Board side with the position taken by the federal government in Casitas--that the federal government can take without paying for water for uses other than were authorized by the State Water Board?

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Reference Info:Federal, Federal Circuit, Claims Court | United States

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