No. 25-266

City of Fresno, California, et al. v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2025-09-09
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: drought-impact fifth-amendment property-rights reclamation-act takings-clause water-rights
Key Terms:
AdministrativeLaw Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2025-12-12
Question Presented (from Petition)

1. Whether in accordance with Section 8 of the Reclamation Act, 28 U.S.C. § 372, the beneficial users of Reclamation Project irrigation water have compensable water-property rights under the Fifth Amendment.

2. Whether Reclamation's refusal to release available water for growers' use is a compensable taking under the Fifth Amendment.

Question Presented (AI Summary)

Whether the beneficial users of Reclamation Project irrigation water have compensable water-property rights under the Fifth Amendment and whether Reclamation's refusal to release available water for growers' use is a compensable taking

Docket Entries

2025-12-15
Petition DENIED.
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-11-14
Reply of City of Fresno, California, et al. submitted.
2025-11-14
Reply of petitioners Fresno, California, et al. filed.
2025-11-07
Brief of Federal Party in opposition submitted.
2025-11-07
Waiver of San Luis & Delta-Mendota Water Authority of right to respond submitted.
2025-11-07
Waiver of right of respondent San Luis & Delta-Mendota Water Authority to respond filed.
2025-11-07
Brief of respondent United States in opposition filed.
2025-10-09
Amicus brief of Mountain States Legal Foundation submitted.
2025-10-09
Brief amicus curiae of Mountain States Legal Foundation filed.
2025-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 7, 2025, for all respondents.
2025-10-01
Motion of San Luis & Delta-Mendota Water Authority for an extension of time submitted.
2025-10-01
Motion of respondent San Luis & Delta-Mendota Water Authority to extend the time to file a response from October 9, 2025 to November 7, 2025, submitted to The Clerk.
2025-09-05
Petition for a writ of certiorari filed. (Response due October 9, 2025)
2025-06-18
Application (24A1228) granted by The Chief Justice extending the time to file until September 6, 2025.
2025-06-06
Application (24A1228) to extend the time to file a petition for a writ of certiorari from July 8, 2025 to September 6, 2025, submitted to The Chief Justice.

Attorneys

City of Fresno, California, et al.
Lawrence S. EbnerCapital Appellate Advocacy PLLC, Petitioner
Federal Party
D. John SauerSolicitor General, Respondent
Mountain States Legal Foundation
Ivan Laurence LondonMountain States Legal Foundation, Amicus
San Luis & Delta-Mendota Water Authority
Daniel J. O'HanlonKronick Moskovitz Tiedemann & Girard, Respondent