United States Federal Circuit

In an action brought by fourteen water, drainage, and irrigation districts and thirteen agricultural landowners in Oregon and California, who use water from the Klamath River Basin, alleging Fifth Amendment takings claims, claims under the Klamath River Basin Compact, Pub. L. No. 85-222, 71 Stat. 497 (1957), and breach of contract, the U.S. Court of Federal Claims judgment against plaintiffs is vacated and remand for further proceedings to: 1) consider the takings and Compact claims in light of the Certification Decision; 2) determine whether, as far as the breach of contract claims are concerned, the government can establish that, for purposes of its defense based on the sovereign acts doctrine, contract performance was impossible; and 3) decide the breach of contract claims as appropriate.

Appellate Information

• Decided 02/17/2011
• Published 02/17/2011

Judges

• SCHALL

Court

• United States Federal Circuit

Counsel