Monday, June 14 Debate: Are feds’ water cutoffs to help Delta smelt unconstitutional?
| WHAT: |
A debate: “Fish, Farmers and the Constitution: Are the feds’ water pumping cutbacks to help the Delta smelt unconstitutional?"
Federal Endangered Species Act regulations to help the Delta smelt have led to dramatic and economically crippling cuts in water pumping to the San Joaquin Valley and Southern California.
Are those regulations unconstitutional? That is the subject of this debate between an attorney with Pacific Legal Foundation and a faculty member of UC Berkeley School of Law (Boalt Hall).
A lawsuit by PLF attorneys, representing some hard-hit San Joaquin Valley farmers, is currently before the Ninth Circuit. It argues that federal regulations for the Delta smelt are unconstitutional; specifically, they exceed federal authority to regulate “interstate commerce,” because the smelt exists in only one state – California – and is not bought or sold in commerce.
This debate is sponsored by the Federalist Society of Sacramento, the Presiding Justice Robert K. Puglia Chapter.
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| WHO: |
Damien M. Schiff, an attorney with Pacific Legal Foundation, and lead lawyer in PLF’s lawsuit against the Delta smelt regulations, will argue that the regulations are unconstitutional.
Richard Frank, environmental law specialist on the faculty of UC Berkeley School of Law (Boalt Hall), will argue in favor of federal authority to issue regulations to protect Delta smelt.
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| WHERE: |
California Chamber of Commerce, 1215 K St., 14th Floor, Sacramento, CA 95814.
Cost: FREE. Attendees are encouraged to bring Brown-bag lunches.
Parking: Some parking may be available at 1215 K. Street. Public parking also available in parking structure on 12th Street, north of J Street, entrance on 12th.
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| WHEN: |
Monday, June 14, Noon to 1:30 p.m.
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About Pacific Legal Foundation
Pacific Legal Foundation is the leading public interest legal organization that litigates for limited government, property rights, and a balanced approach to environmental regulations, in courts across the country.
Among PLF’s noteworthy victories: The federal court ruling that led to the bald eagle being removed from the ESA list. Currently, PLF attorneys are prosecuting a federal, constitutionally based lawsuit, against Delta smelt regulations that have led to dramatic cutbacks on water pumping to the San Joaquin Valley and Southern California. Watch a video segment on our case. The case is Stewart & Jasper v. Salazar.
Watch a brief video about PLF’s history and mission, including comments by former U.S. Attorney General Edwin J. Meese III.
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