Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:91-cv-01470-LAS

Document 303-4

Filed 04/06/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) __________________Defendant._______________) THE ESTATE OF E. WAYNE HAGE AND ESTATE OF JEAN N. HAGE,

No. 91-1470L

Senior Judge Loren Smith

MOTION OF AMICI CURIAE NEVADA DEPARTMENT OF WILDLIFE, ET AL. TO FILE A SUPPLEMENTAL MEMORANDUM REGARDING THE DECISION OF THE U.S. COURT OF FEDERAL CLAIMS IN CASITAS MUNICIPAL WATER DISTRICT V. UNITED STATES Pursuant to RCFC 15(d), amici1 respectfully request that they be allowed to file the attached SUPPLEMENTAL MEMORANDUM OF AMICI CURIAE NEVADA DEPARTMENT OF WILDLIFE, ET AL. REGARDING THE U.S. COURT OF FEDERAL CLAIMS DECISION IN CASITAS MUNICIPAL WATER DISTRICT V. UNITED STATES. As grounds for this motion, amici state as follows: 1. The recent decision of the U.S. Court of Federal Claims in Casitas Municipal

Water District v. United States, No. 05-168L (March 29, 2007), is an important ruling regarding the appropriate standard for evaluating whether or not government action restricting the use of water constitutes a taking. The proposed supplemental memorandum addresses how the ruling and analysis in Casitas relates to the pending issues in this case. 2.
1

Plaintiffs will not be prejudiced by granting this motion. Given that this litigation

Amici are the Nevada Department of Wildlife, the National and Nevada Wildlife Federations, the Natural Resources Defense Council, and the Toiyabe Chapter of the Sierra Club.

Case 1:91-cv-01470-LAS

Document 303-4

Filed 04/06/2007

Page 2 of 2

has already been pending for well over a decade, plaintiffs will not be prejudiced by the slight additional delay required to carefully consider whether Casitas may support dismissal of the claims in this case. Plaintiffs should, of course, be granted an opportunity to respond to the proposed memorandum.

Date: April 6, 2007

Respectfully submitted, _(/s/___________________________________ Johanna H. Wald, COUNSEL OF RECORD Natural Resources Defense Council 111 Sutter Street, 20th floor San Francisco, California 94104 415/875-6100; 415/875-6161 (fax) Thomas D. Lustig National Wildlife Federation 2260 Baseline Road, Suite 100 Boulder, Colorado 80302 303/441-5158; 303/786-8911 (fax) Attorneys for Amici Curiae Nevada Department of Wildlife, National and Nevada Wildlife Federations, Natural Resources Defense Council, and the Toiyabe Chapter of the Sierra Club

Of Counsel:

John Echeverria Georgetown Environmental Law & Policy Institute Georgetown University Law Center 600 New Jersey Ave., NW Washington, D.C. 20001 Professor Joseph Feller College of Law Arizona State University Tempe, AZ 85287-7906