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...
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