ELR Citation: 41 ELR 20124
No(s). 10-15192 (9th Cir. Mar 25, 2011)

The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause. In 2008, the FWS issued a biological opinion (BiOp) to the Bureau of Reclamation concerning two federal and state water diversion projects in California's Central Valley...