United States: ESA Letter Did Not Constitute A Physical Taking Of District’s Water

(January 10, 2024, 7:21 AM EST) -- WASHINGTON, D.C. — The United States has told the Federal Circuit U.S. Court of Appeals that a letter from the National Marine Fisheries Service (NMFS) making recommendations that a California water district implement to protect an endangered fish does not constitute a physical taking of the district’s property right....