A new posting on the Environmental Law Prof Blog by Professor Robin Craig focuses on a decision by the Texas Court of Appeals confirming that “implementation of the Edward Aquifer Act resulted in a constitutional ‘taking’ of landowners’ property rights in groundwater.”
Regarding the decision, Craig writes, “With this declaration, I submit, the Texas Court of Appeals both has attempted to elevate historical water rights over new ecological realities and created a major legal impediment for any government entity trying to rationally address changing–especially declining–water resources.”
As a result of Craig’s blog posting, she was interviewed by a reporter for Bloomberg BNA, who quoted her extensively in his story “Texas Court Affirms Agency Effected Taking Over Orchards’ Groundwater Permits.”