Delta smelt rehearing denied

This morning, the Ninth Circuit denied a rehearing before the entire court, leaving March’s panel decision in place. The denial sets the case up for a petition to the U.S. Supreme Court. Longtime Liberty Blog readers will recall that PLF previously … Continue reading

Its always endangered species day

The U.S. Fish and Wildlife Service has declared today “Endangered Species Day.” The irony of dedicating one day on the calendar to species conservation is that every day is endangered species day if you operate an irrigation project; own a farm, … Continue reading

Tune in to The Blaze for a drought discussion

This afternoon I’ll appear on The Blaze Network (TV & radio) to discuss how federal and state regulation are exacerbating the negative impacts of the drought, particularly on farmers, farm laborers, and others in California’s San Joaquin Valley.  The segment … Continue reading

2014: the year of the water wars?

California, and much of the west, is experiencing its third consecutive year of drought. And a recent report on the Sierra Nevada snowpack—the source of much of California’s water—found that it is only 20% of its average depth at this … Continue reading

California department of fish and wildlife backs off on limiting water diversions, for now

Last December we reported on a court victory for the Siskiyou County Farm Bureau, in which the court ordered the Department of Fish and GameWildlife not to use its streambed alteration permits to regulate water diversions under valid water rights.  While … Continue reading

PLF asks Supreme Court to review constitutionality of delta smelt water cutbacks

Author: Brandon Middleton I am pleased to report that Pacific Legal Foundation attorneys petitioned the United States Supreme Court this week to review the constitutionality of the federal government's devastating delta smelt water cutbacks.  The petition (filed in Stewart & … Continue reading

PLF Board Chair provides important reminder of California’s regulatory drought

Author: Brandon Middleton Although California has received a significant amount of precipitation over the past several months, it is crucial to remember the worrisome long-term prospects for water users throughout the state.  Thanks largely to the Endangered Species Act and … Continue reading

Elected officials and agency bureaucrats are to blame for regulatory drought–not federal judiciary

Author: Brandon Middleton Via Aquafornia, I came across this article from the Silicon Valley Mercury News.  The article states that export restrictions "are the result of federal court rulings designed to protect endangered salmon and smelt in the delta." This … Continue reading

PLF considers delta smelt petition to U.S. Supreme Court

Author: Brandon Middleton Regarding today's decision from the Ninth Circuit in the delta smelt Commerce Clause case (Stewart & Jasper Orchards v. Salazar), these are our official responses which will be sent to the media later this afternoon: PLF attorneys … Continue reading