Some light holiday reading on the Sacramento-San Joaquin Delta litigation

December 30, 2010 | By PACIFIC LEGAL FOUNDATION

Author: Brandon Middleton

Just in time for the New Year's holiday weekend, the Federalist Society has published my article on The Consolidated Delta Smelt Cases and The Consolidated Salmonid Cases currently being litigated in Fresno.

The article, "The Sacramento-San Joaquin Delta Litigation: A Brief Summary," discusses the significant National Environmental Policy Act and preliminary injunctive relief decisions issued by Judge Wanger over the last year in both the delta smelt and salmonid cases.  The article also goes over the district court's decision to uphold the delta smelt restrictions against PLF's Commerce Clause challenge.  It does not, however, discuss in detail Judge Wanger's recent summary judgment decision in The Consolidated Delta Smelt Cases, as the article was actually completed and submitted to the Federalist Society a few months ago.

PLF represents a small group of almond in pistachio growers in Stewart & Jasper Orchards v. Salazar, one of The Consolidated Delta Smelt Cases.