Feds file opposition to PLF's request for Supreme Court review of delta smelt case

September 25, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton

On Friday, September 23, the federal government filed this opposition to PLF's petition for writ of certiorari in Stewart & Jasper Orchards v. SalazarThe Natural Resource Defense Council's opposition to PLF's petition was filed in July.

PLF's petition for writ of certiorari was filed in June.  The petition argues (among other things) that the Ninth Circuit's March 2011 delta smelt decision, which held that federal regulation of the delta smelt is a valid exercise of the Commerce Clause of the U.S. Constitution, conflicts with the Supreme Court's 2005 decision in Gonzales v. Raich, 545 U.S. 1 (2005)  Several groups filed amicus curiae briefs in support of PLF's request for Supreme Court review.

PLF will file a reply to the opposition briefs within the next week or so.  The Supreme Court is likely to decide whether to review the constitutionality of federal delta smelt regulations later this fall.