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Endangered Species Act (ESA) Fifth Amendment

Best Best & Krieger LLP

Endangered Fish v. Humans: The Fight Over Competing Water Needs

Best Best & Krieger LLP on

The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have...more

Nossaman LLP

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Nossaman LLP on

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Nossaman LLP

Federal Circuit Affirms Dismissal Of ESA Fifth Amendment Takings Claim

Nossaman LLP on

On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in...more

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