Water, Property Rights, and Endangered Species -- The Legacy of The Tulare Lake Decision

1:30 p.m. to 3:00 p.m.

ABA Section of Environment, Energy, and Resources Nashville, TN

“The very purpose of the Just Compensation Clause is to achieve a workable balance—to avoid a win-lose result. In Tulare, the court starts with this premise, and ends up with a decision that acknowledges the government’s legitimate need to protect the environment but yet bars government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.

Given that water is a scarce resource, putting a price tag on its use is not only prudent and fair, it’s the right result.”

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