Calif. Farms Take Smelt Ruling To 9th Circ.

Law360, New York (January 27, 2010, 6:36 PM EST) -- A group of California farms has appealed a federal judge's ruling that the Commerce Clause of the U.S. Constitution does not limit the U.S. Fish and Wildlife Service's authority to apply the Endangered Species Act to a species of smelt that is only found in one state and has no commercial value.

Stewart & Jasper Orchards, Arroyo Farms LLC and King Pistachio Grove filed a notice of appeal Monday of Judge Oliver W. Wanger of the U.S. District Court for the Eastern District of California's October...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.