9th circuit to hear Delta smelt suit Tuesday

From the Pacific Legal Foundation:

NEXT TUES.: 9TH CIRCUIT ORAL ARGUMENT IN PLF’S COMMERCE CLAUSE CHALLENGE TO DELTA SMELT REGS

February 15, 2011 – 9:00 a.m. (PST) court docket

WHERE: Ninth Circuit Court of Appeals, Courtroom One, 95 7th Street San Francisco, CA 94103.

WHAT: Oral argument in PLF’s constitutional challenge to the federal government’s Delta smelt regulations (Stewart & Jasper Orchards v. Salazar). This lawsuit presents a constitutional challenge to the Delta smelt "biological opinion" that led to draconian cutbacks on pumping into the main water system serving the San Joaquin Valley and Southern California.

Pacific Legal Foundation attorneys represent three San Joaquin Valley farmers hard hit by the federally mandated water cutbacks (http://www.pacificlegal.org/Page.aspx?pid=902).

PLF argues that the federal government lacks constitutional authority (under the U.S. Constitution’s Commerce Clause) to issue regulations on the Delta smelt, a fish found only in California and without commercial value.

Access PLF’s briefs in the "case resources" column (http://www.pacificlegal.org/Page.aspx?pid=900).

WHEN: Tuesday, February 15, 2011. Oral argument will be held during the court’s 9 a.m. docket.

WHO: PLF attorney Brandon Middleton will present oral argument on behalf of PLF’s clients and constitutional cause of action.