U.S. Court of Appeals

Shark Fins, Federal Preemption & the Ninth Circuit–An Update

Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …

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Ninth Circuit Rejects Water Agency’s “Area of Origin” Water Rights Claim

Responding to the current drought conditions confronting California, state and federal water project officials have announced cutbacks in anticipated water deliveries this summer and fall from both the Central Valley Project (CVP) and State Water Project.  It’s with that sobering backdrop that a recent decision from the U.S. Court of Appeals for the Ninth Circuit …

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