The Commerce Clause fight: a new battleground
This week, Pacific Legal Foundation filed comments on the United States Fish and Wildlife Service's status review for the Sacramento splittail (a small fish) under the Endangered Species Act. The Service has initiated the status review to determine whether the splittail, which was listed in 1999, and delisted in 2003, now merits listing again. The gist of PLF's comments is simple: the Service, as an arm of the federal government, has no power to regulate the splittail, a species found only in California, having no commercial value. PLF's comments follow the arguments being made in our Delta smelt case.
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