THIS FRIDAY IN FRESNO: FEDERAL COURT ORAL ARGUMENT IN PLF’S DELTA SMELT LITIGATION
October 2, 2009 – 1:30 p.m. PDT
|WHERE:||Fresno Federal Courthouse, 2500 Tulare Street; Courtroom 3, Hon. Oliver Wanger.|
|WHAT:||Oral argument in Delta smelt litigation (San Luis & Delta-Mendota Water Authority v. Salazar; Case # 1:09-cv-407.) This consolidated lawsuit challenges the Delta smelt “biological opinion” that has led to draconian pumping cutbacks into the main water system serving the Central Valley and Southern California.|
In this consolidated litigation, Pacific Legal Foundation attorneys represent three San Joaquin Valley farmers hard hit by the federally mandated water cutbacks.
PLF’s causes of action are constitutional and statutory. PLF argues that the federal govern¬ment lacks constitutional authority (under the U.S. Constitution’s Commerce Clause) to issue regulations on the Delta smelt, a fish found only in California and without commercial value. PLF also argues that federal regulators did not perform their legal duty to assess the economic impacts of the pumping cutbacks.
Access PLF’s briefs in the “case resources” column.
|WHEN:||Friday, October 2, 2009. Oral argument begins at 1:30 p.m. The first issue to be addressed will be PLF’s constitutionally based cause of action. |
|WHO:||PLF attorney Brandon Middleton will present oral argument on behalf of PLF’s clients and constitutional cause of action. Other attorneys, representing other litigants, will argue additional causes of action thereafter.|
PLF Director of Litigation Jim Burling will also represent PLF’s clients in the hearing.
Both PLF attorneys will be available for interviews after oral argument.
About Pacific Legal Foundation
PLF (www.pacificlegal.org) is the oldest and most successful public interest legal organization litigating for limited government, property rights, and a balanced approach to environmental regulation, in courts nationwide.