Subscribe!

 Full Posts

Bloglines Subscribe in Bloglines
Newsgator Subscribe in NewsGator Online
MyYahoo
Google Add to Google
netvibes Add to Netvibes

Copyleft

ESAblawg is an educational effort by Keith W. Rizzardi. Correspondence with this site does not create a lawyer-client relationship. Photos or links may be copyrighted (but used with permission, or as fair use). ESA blawg is published with a Creative Commons License.

Creative Commons License

florida gators... never threatened!

If you ain't a Gator, you should be! Alligators (and endangered crocs) are important indicator species atop their food chains, with sensitivity to pollution and pesticides akin to humans. See ESA blawg. Gator blood could be our pharmaceutical future, too. See ESA musing.

gatorlogo2.gif

Follow the truth.

"This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it." -- Thomas Jefferson to William Roscoe, December 27, 1820.

uvaswords.jpg

Thanks, Kevin.

KEVIN S. PETTITT helped found this blawg. A D.C.-based IT consultant specializing in Lotus Notes & Domino, he also maintains Lotus Guru blog.

« The trouble with tourists... | Main| ESA in the news: Pres. Obama, Judge Wanger, and Arizona Jaguars »

Federal Circuit refuses request for en banc hearing on Casitas case, and battle of Western water law vs. ESA may head to SCOTUS

Category
Bookmark : del.icio.us  Technorati  Digg This  Add To Furl  Add To YahooMyWeb  Add To Reddit  Add To NewsVine 


Previously, ESA blawg readers have learned about the enormous implications of the ongoing Casitas water district litigation.  See prior ESA blawg postings on the original Federal Circuit decision and the request for en banc review.  In a nutshell, the property rights concepts embodied in western water law are in serious conflict with the Endangered Species Act.  According to the prior three-judge panel opinion, an attempt by government to require water to be left in a river to benefit fish -- even fish on the brink of extinction due to human excess -- constitutes use of private property for public benefit and thus triggers a taking of some property that must be justly compensated.  This week, the Federal Circuit denied rehearing en banc, and the case may soon be headed for the U.S. Supreme Court.  See also PatentyO.com

KEITHINKING: The opinion has four significant problems. As a factual matter, (1) the fish came first, and (2) humanity redistributed and overallocated the available supplies.  As a legal matter, (3) the opinion confuses physical and regulatory takings, and (4) the government can only "take" something that people already had a right to, but under California law, water rights cannot be physically appropriated, occupied, or invaded by a mere restriction on the exercise of such rights.  

FederalCircuit.jpg
Photo of the U.S. Court of Appeals for the Federal Circuit at Lafayette Square from the court's website, courtesy of the historical society.