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Pacific Legal Foundation: Delta smelt update – oral argument recap

Posted by: Maven on October 7, 2009 at 7:28 am

From the Pacific Legal Foundation’s Liberty Blog:

“Last week in Fresno, a federal district court heard oral arguments concerning issues related to the U.S. Fish and Wildlife Service’s delta smelt biological opinion. One important matter heard by the court was Pacific Legal Foundation’s constitutional cause of action — given that the delta smelt is found only in California and has no commercial value, we don’t believe that the federal government may use its interstate commerce power to impose any sort of delta smelt regulations.

Unfortunately, the court tentatively declined to adopt our argument. We will have to wait for the court’s final decision before determining whether an appeal to the Ninth Circuit is appropriate. …”

More from the Pacific Legal Foundation’s Liberty Blog by clicking here.

Comments

One Response to “Pacific Legal Foundation: Delta smelt update – oral argument recap”

  1. CHUCK DUNN on October 16th, 2009 2:39 pm

    AN APPEAL TO COMMON SENSE IS IN ORDER. REMEMBER JUDGE WAGNER HAS A VERY GOOD SALARY,A GREAT HEALTH PLAN AND A WONDERFUL RETIREMENT,SO WHY SHOULD HE CARE ABOUT THE THE ORDINARY PEOPLE? THE WHINNING FARMERS SHOULD TAKE ACTION.THE MISGUIDED ENVIRONMENTALISTS ALWAYS DO TO GET THERE WAY.SUSCHI WOULD BE GREAT BEING MANY PEOPLE OUR OUT OF WORK.

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