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Delta smelt rules face new challenge in court

Posted by: Maven on January 26, 2010 at 8:30 am

From the Fresno Bee:

“SACRAMENTO — Already thwarted by a Fresno judge, a conservative legal organization is pressing its case that federal rules to protect delta smelt are unconstitutional.

In an appeal filed Monday in the 9th U.S. Circuit Court of Appeals in San Francisco on behalf of Valley farms, the Pacific Legal Foundation argues that the government cannot enact the regulations because smelt are not involved in interstate commerce. … “

Read more from the Fresno Bee by clicking here.

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