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Kate Poole rebuttal to Pacific Legal Foundation: The law is powerful protection against erratic political winds

Posted by: Maven on January 28, 2010 at 8:51 am

From Kate Poole at the NRDC Switchboard blog:

“In his January 25th post, an attorney for the ultra-right wing Pacific Legal Foundation accused my colleague of ignoring the Constitution, claiming that the water cutbacks to protect California’s threatened native fish are “devoid of constitutional authority.” Interesting thought – but one that has been rejected by every federal court that has heard this refrain from PLF before, and there have been many.

While PLF tries to cloak its arguments in constitutional armor (who’s not for the Constitution?), their efforts to attack protections for the crashing Bay-Delta estuary would, in fact, radically undermine longstanding constitutional protections, statutory law (laws made by our elected representatives in Congress), and precedent (law as interpreted by numerous judges over time). Not only do their arguments lack foundation in fact, but they lack grounding in the law.

PLF argues that “the U.S. Fish and Wildlife Service has no business involving itself with a fish that has no connection to interstate commerce.” The sheer irony of this statement is astounding from an organization that claims that these same fish are causing economic havoc on the entire nation’s food supply that “go[es] far beyond California.” … “


Continue reading this rebuttal commentary from Kate Poole at the NRDC Switchboard blog by clicking here.

January 28, 2010 · Filed Under Wildlife & Endangered Species

Comments

2 Responses to “Kate Poole rebuttal to Pacific Legal Foundation: The law is powerful protection against erratic political winds”

  1. dfb on January 29th, 2010 11:29 am

    In addition to what Kate Poole says about the Delta being part of interstate waters and subject to Congressional jurisdiction, the courts have upheld the ability of Congress to regulate the activity of federal agencies and state/private actors whose activities cannot be separated out. Lest PLF forget, the CVP is operated by the federal government. CVP and DWR jointly operate the pumps, so even the activities of DWR come under Congressional power in that regard.

  2. Sampeffedia on February 13th, 2010 10:12 am

    wonderful post

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