Commerce Clause
Nice to know I’m sober
Today the Supreme Court denied certiorari in the case known to that Court as Stewart & Jasper Orchards v. Salazar. So why the headline? This is the commerce clause challenge to ESA protection for the Delta smelt, rejected by the Ninth Circuit this past spring under the name San Luis & Delta-Mendota Water Authority v. …
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CONTINUE READINGRight on the Commerce Clause, wrong on the ESA
Cross-posted at CPRBlog. As Rick noted earlier, the Ninth Circuit is now the fifth federal circuit court of appeals to reject a Commerce Clause challenge to the ESA. In San Luis & Delta-Mendota Water Authority v. Salazar, a Ninth Circuit panel upheld protection of the Delta smelt. I agree with Rick’s analysis of the Commerce …
Continue reading “Right on the Commerce Clause, wrong on the ESA”
CONTINUE READINGEnvironmental Property Rights (Part IV)
Environmental property rights, such as tradable permits, conservation trusts, and the public trust doctrine, can change the constitutional landscape of environmental law.
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