Water District’s Takings Claim Not Ripe For Adjudication, Claims Judge Rules

Mealey's (February 2, 2023, 5:35 PM EST) -- WASHINGTON, D.C. — A judge in the Federal Claims Court says a conservation district’s lawsuit against the United States for water diversion restrictions to benefit an endangered species is not one of physical taking but of regulatory taking and that because the district hasn’t finished its regulatory process for an incidental-take permit, its claim is not yet ripe for adjudication....