Legal Opinion

San Luis & Delta-Mendota Water Authority v. Salazar

Court of Appeals for the Ninth Circuit

Decided March 25, 2011No. 10-15192PublishedCited by 24 opinions

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

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Califano v. SandersSupreme Court of the United States · 1977
  4. Bennett v. SpearSupreme Court of the United States · 1997
  5. United States v. LopezSupreme Court of the United States · 1995

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3Cited by24 opinions

  1. Experience Hendrix L.L.C. v. Hendrixlicensing.com Ltd.Court of Appeals for the Ninth Circuit · 2014
  2. Center for Biological Diversity v. United States Bureau of Land ManagementCourt of Appeals for the Ninth Circuit · 2012
  3. Bernardo Mendia v. John GarciaCourt of Appeals for the Ninth Circuit · 2014
  4. San Luis & Delta-Mendota Water Authority v. United StatesCourt of Appeals for the Ninth Circuit · 2012
  5. 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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