Federal Circuit Reinstates and Remands Klamath Irrigation Dist. v. United States

Here is today’s opinion.

We now vacate the judgment of the Court of Federal Claims and remand the case to the court for further proceedings.  On remand, the court is 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.