More on this week's 9th Circuit delta smelt decision
Aquafornia has as usual provided helpful links to articles (see here and here) discussing Tuesday’s Ninth Circuit delta smelt decision, in which the court held that renewal of 41 Central Valley water supply contracts need not go through Endangered Species Act consultation. For more analyses, you may wish visit Kroonick Moskovitz Tiedemann & Girard, Nossaman, and Somach Simmons & Dunn.
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PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›