LEXSEE 49 FED. CL. 313
TULARE LAKE BASIN WATER STORAGE DISTRICT, ET AL., Plaintiff, v. THE
UNITED STATES, Defendant.
No. 98-101 L
UNITED STATES COURT OF FEDERAL CLAIMS
49 Fed. Cl. 313
2001 U.S. Claims LEXIS 72
52 ERC (BNA) 1658
31 ELR 20648
April 30, 2001, Filed
Judgment entered by
lare Lake Basin Water Storage Dist. v. United States,
2003 U.S. Claims LEXIS 391 (Fed. Cl., Dec. 31, 2003)
Plaintiffs' motion for sum-
mary judgment granted and defendant's cross-motion for
summary judgment denied.
Taking: Just Compensation -- Ac-
tions of the National Marine Fisheries Service and the
United States Fish and Wildlife Service pursuant to the
Endangered Species Act imposing restrictions on
plaintiffs' contractual rights to the use of water are equi-
valent to a physical invasion of property for which com-
pensation is owed under the
Roger J. Marzulla, Nancie G. Marzulla, and
Andrew R. Stephens, Marzulla & Marzulla, Washington,
D.C., for plaintiffs.
Briefs of Amici Curiae in support of plaintiffs'
position were filed for State Water Contractors by
Daniel J. O'Hanlon, Beveridge & Diamond LLP,
San Francisco, California and for Pacific Legal
Foundation by James S. Burling, Robin L. Rivett,
and David E. Haddock, Sacramento, California.
Deputy Chief James S. Brookshire, Department of
Justice, Washington, D.C., for defendant.
Sam Rauch, Wildlife Section, Environment and Natural
Resources Division, Department of Justice, Washington,
D.C., Dana Jacobsen, Office of the Solicitor, Department
of Interior, Sacramento, California, and Dawn R. An-
drews, Office of General Counsel, National Oceanic and
Atmospheric Administration, Department of Commerce,
Long Beach, California, of counsel.
Briefs of Amici Curiae in support of defend-
ant's position were filed for the Natural Heritage
Institute; National Wildlife Federation; the Sierra
Club; Defenders of Wildlife; the Planning and
Conservation League; California Trout; and Wa-
ter Watch of Oregon by Gregory A. Thomas,
Natural Heritage Institute, San Francisco, Califor-
nia, and Tara L. Mueller, Environmental Law
Foundation, Oakland, California. Of counsel on
the briefs were Professors Peter Byrne, Geor-
getown University Law Center; Joseph Sax, Uni-
versity of California at Berkeley, School of Law;
Brian Gray, Hastings College of the Law; Harris-
on P. Dunning, University of California at Davis,
School of Law; Antonio Rossman, University of
California at Berkeley, School of Law; and John
D. Echeverria, Environmental Policy Project,
Georgetown University Law Center.
Plaintiffs are California water users who claim that