Price

MEMORANDUM *

Glynn Price brought suit in federal court alleging a federal takings and various state law claims. He now challenges the district court’s decision to grant the City of Brem- *595 erton summary judgment on his takings claim and the court’s finding, following a bench trial, that Price failed to prove causation with respect to his state claims. 1 We affirm.

Price entered into a lease agreement entitling him to harvest shellfish from tideland property in Puget Sound. Prior to entering into the lease, Price was aware of a long-standing Washington State restriction on shellfish harvesting due to water pollution in Puget Sound. Price now claims that Bremerton effected a regulatory taking by discharging wastewater into Puget Sound. Price concedes that there is no physical taking. Rather, he alleges a regulatory taking. The difficulty with Price’s claim is that Bremerton has not promulgated any rule or regulation that affects the tideland property. Instead, it is Washington State, through its Department of Health, that has restricted Price’s ability to harvest shellfish. Washington State, although initially named as a party to this dispute was dismissed from the case; Price…