8 months ago
DAVIS, CA -- The Pacific Legal Foundation chose U.C. Davis as the backdrop for a press conference Sunday afternoon to announce they will appeal the decision of the judge who ruled against their recent lawsuit concerning water restrictions to help protect the Delta Smelt.
"In our challenge to the fish before people regulation, " Foundation attorney Damien Schiff said, "we are representing three San Joaquin Valley farmers who have been hard hit by these Delta Smelt pumping regulations. We are going to be asking in our appeal to the Ninth Circuit, that these pumping restrictions be eliminated because they are not just bad, they are not just inhumane, they are unconstitutional."
The pumping restrictions are unconstitutional, the Foundation claims, because of the Federal Government's limited powers in this regard.
"One of its few powers is the power over interstate commerce," said Schiff, "but that means the (federal government) can only regulate species that have some connection with interstate commerce. And the problem is that the Delta Smelt is only found in California and it has no commercial value."
The Foundation believes the case may eventually wind up before the U.S. Supreme Court no matter which way the Ninth Circuit rules.
Meanwhile, inside the Hall behind the Press Conference, a National Research Council committee was launching what will be a five day scientific review of the scientific basis for the actions that led to the water restrictions.
The Council is hoping to determine if there might be alternatives that could have less impact on water users but still provide protection for the fish.
The pumping restrictions were put in place following a "biological opinion" by the U.S. Fish and Wildlife Service. Asked about the filing of the appeal, a spokesman said the agency does not comment on pending litigation.
KXTV/News10
