San Luis & Delta-Mendota Water Authority v. Salazar
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
THOMAS, Circuit Judge:
In this appeal, we consider whether application of sections 7 and 9 of the Endangered Species Act to the California delta smelt violates the Commerce Clause in the United States Constitution. We conclude that it does not, and we affirm the judgment of the district court.
I
The delta smelt is a small fish, 60-70 millimeters in length, that is undisputedly endemic to California. Though once inhabiting California’s San Francisco Bay/Sacramento-San Joaquin Delta Estuary, its range has diminished. The delta smelt presently has no commercial value, but it was commercially…
2Cases cited33 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Bennett v. SpearSupreme Court of the United States · 1997
- United States v. LopezSupreme Court of the United States · 1995
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3Cited by24 opinions
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- Bernardo Mendia v. John GarciaCourt of Appeals for the Ninth Circuit · 2014
- San Luis & Delta-Mendota Water Authority v. United StatesCourt of Appeals for the Ninth Circuit · 2012
- People for the Ethical Treatment of Property Owners v. United States Fish & Wildlife ServiceCourt of Appeals for the Tenth Circuit · 2017
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