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PLF asks Ninth Circuit to invalidate delta smelt restrictions

Posted by: Maven on January 25, 2010 at 8:13 am

From the Pacific Legal Foundation’s Liberty Blog:

“Today, Pacific Legal Foundation attorneys will file an appeal to the Ninth Circuit, asking the court to invalidate the U.S. Fish and Wildlife Service’s delta smelt water cutbacks as unconstitutional. The appeal will be filed not only on behalf of PLF’s farming clients (Stewart & Jasper Orchards, Arroyo Farms, and King Pistachio Grove), but also on behalf of everyone in the San Joaquin Valley and Southern California who are suffering as a result of the regulatory drought.

The government’s delta smelt water cutbacks are just the latest example of the Endangered Species Act being used to put fish and other animal species ahead of people. But no matter the draconian and unnecessary power of this law, the Endangered Species Act does not trump the U.S. Constitution. … “

Read more from the Pacific Legal Foundation Liberty Blog by clicking here.

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