ELR Citation: ELR 20037
No(s). 2007-5153 (Fed. Cir. Feb 17, 2009)

The Federal Circuit denied the U.S. government's petition to rehear a case requiring the federal government to pay a water district for diverting water to protect endangered steelhead trout. A concurring judge explained that this case, as it was presented on appeal, is one in which a physical, not a...