Rehearing Denied In 5th Amendment Case Against US

Law360, New York (February 18, 2009, 12:00 AM EST) -- A federal appeals court has refused to reconsider its decision on the appropriate legal standard to be used in a case accusing the federal government of taking water from a California water district in violation of the Fifth Amendment.

The U.S. Court of Appeals for the Federal Circuit on Tuesday denied the government’s request for a panel rehearing or rehearing en banc on its September opinion stating that the Fifth Amendment claim should be evaluated as a physical, not a regulatory, taking.

The Casitas Municipal Water...
To view the full article, register now.