Number: RL31796
Title: The Endangered Species Act and Claims of Property Rights "Takings"
Authors: Robert Meltz, Legislative Attorney 
Abstract: To date, only one of the 16 ESA-based takings cases disclosed by research, Tulare Lake Basin Water Storage District v. United States, has found a taking, and that decision has been undermined by a later decision of the same judge. But another credible taking challenge is pending in Casitas Municipal Water District v. United States, now before the Federal Circuit. Both these cases fall into the "reductions in water delivery or allowable water diversion."
Pages: 19
Date: January 14, 2009