Ninth Circuit rules that delta smelt water cutbacks are constitutional

March 25, 2011 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton

The Ninth Circuit issued this decision today, ruling against Pacific Legal Foundation's Commerce Clause challenge against the United States Fish and Wildlife Service's delta smelt water cutbacks.  Although we are disappointed with the decision, we will continue to fight the regulatory drought, and we fully intend to ask the Supreme Court to review the constitutionality of draconian delta smelt regulations.

More on the decision to come later today.