McClellan Base Groundwater Contamination Claims Revived

July 19, 2019, 4:44 PM

Two California water districts will get a second chance to argue that a nearby air force base contaminated their water supply without just compensation, the Federal Circuit said July 19.

The Sacramento Suburban Water District and the Rio Linda Elverta Community Water District say their aquifers now contain water with elevated levels of hexavalent chromium (Cr6), a compound that the government used and disposed of around the McClellan Air Force Base. The chemical is linked to stomach cancer and gastrointestinal tumors.

The trial court incorrectly analyzed the water districts’ claims as regulatory takings rather than physical takings, Judge Todd M. ...

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