United Water Conservation District v. United States
On November 26, 2025, WLF urged the Supreme Court to grant certiorari in a case involving the Fifth Amendment’s application to water rights. The lower court held that the federal government’s re-direction of water constituted a “regulatory” rather than a physical taking. That distinction greatly reduces the likelihood that the deprived owner will receive just compensation. As WLF’s brief makes clear, there’s no “water rights exception” to the Takings Clause. But if there is, the Court should still take the case to overhaul its regulatory takings jurisprudence.
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