http://aquafornia.com/archives/9327 The California Water News blog! Fri, 10 Feb 2012 05:48:00 -0800 hourly 1 http://aquafornia.com/archives/9327/comment-page-1#comment-14912 dfb Wed, 10 Jun 2009 23:42:42 +0000 http://aquafornia.com/?p=9327#comment-14912 The analysis and PLF's constitutional arguments are weak. The delta smelt does not make a good case to challenge constitutionality of the Endangered Species Act (ESA). First, operation of the CVP is federal action. There are no constitutional issues when the federal government chooses to regulate itself. Second, the delta smelt is found entirely within interstate waters, which Congress has the power to regulate under the Commerce clause. The analysis and PLF’s constitutional arguments are weak. The delta smelt does not make a good case to challenge constitutionality of the Endangered Species Act (ESA). First, operation of the CVP is federal action. There are no constitutional issues when the federal government chooses to regulate itself. Second, the delta smelt is found entirely within interstate waters, which Congress has the power to regulate under the Commerce clause.

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