⚖ Oral Arguments, with Context

The Ninth Circuit reviews the dismissal of constitutional claims over California's 2021 and 2022 drought restrictions on Mill and Deer Creeks. Three companies with senior water rights say emergency rules and curtailment orders took their water without compensation and denied them an individual hearing. Procedural due process distinguishes legislative action from adjudication: a general rule usually needs no individual hearing, while a decision focused on a few people on individual grounds may. The district court treated the restrictions as legislative because they applied to all twenty-two water-right holders on the two creeks. The companies also seek prospective relief against state officials. Sovereign immunity generally shields states from private suits in federal court, but Ex parte Young permits prospective relief against officials for an ongoing violation of federal law. The companies say that exception applies; the officials say the requested takings relief remains barred.

Los Molinos Mutual Water Company, et al. v. Ekdahl, et al. (No. 25-2302) — U.S. Court of Appeals for the Ninth Circuit, argued August 11, 2026.