Appeals Court says 2-inch Fish More Important than Farmers

Appeals Court says 2-inch Fish More Important than Farmers in CA Central Valley

by Jane Jamison

A two inch fish turns a $39 Billion dollar industry to dust

This is why we call it the 9th “CIRCUS” Court of Appeal……

CVBT:

Appeals court sides with fish in latest Delta dispute

The Delta smelt’s protection under the Endangered Species Act does not violate the Commerce Clause of the U.S. Constitution, the 9th U.S. Circuit Court of Appeals says.

Stewart & Jasper Orchards; Arroyo Farms LLC; and King Pistachio Grove sued the U.S. Fish and Wildlife Service, claiming that their almond, pistachio, and walnut orchards “experienced substantially reduced water deliveries” as a result of the Service’s decision to curtail water deliveries from the Central Valley Project and the State Water Project to protect the tiny fish.

The growers argued that the water cutback orders were unconstitutional under the Commerce Clause since “the delta smelt is a purely intrastate species, and because it has no commercial value.”

Among other claims, the growers alleged that — as applied to the delta smelt — the application of the Endangered Species Act (ESA) was unconstitutional under the Commerce Clause.

Not so, says the court’s opinion following a lengthy explanation of law and previous court decisions. “We conclude that the ESA is substantially related to interstate commerce and, thus, the growers’ … challenge … fails,” says the decision written by Judge Sidney Thomas.

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