maine taylor argued march decided june appellee bait dealer appellee arranged live baitfish imported maine despite maine statute prohibiting importation indicted federal statute making federal crime transport fish interstate commerce violation state law moved dismiss indictment ground maine statute unconstitutionally burdened interstate commerce maine intervened defend validity statute evidentiary hearing district denied motion dismiss held state statute constitutional found substantial uncertainties surrounded effects baitfish parasites nonnative species state wild fish population less discriminatory means protecting threats currently unavailable appellee entered conditional guilty plea reserving right appeal district constitutional ruling appeals reversed concluding state statute unconstitutional held maine entitled invoke jurisdiction nothing language history suggests scope limited civil litigation fact maine intervenor district deprive standing pursue appeal stake outcome substantial controversy remains live notwithstanding federal government decision abandon appeal pp maine statute constitutional federal statute appellee convicted waive requirement hughes oklahoma state statute maine import ban discriminates interstate commerce either face practical effect state must show statute serves legitimate local purpose purpose served well available nondiscriminatory means evidence amply supports district findings maine made showings clearly erroneous standard review applicable findings appeals erred setting aside pp blackmun delivered opinion burger brennan white marshall powell rehnquist joined stevens filed dissenting opinion post cabanne howard deputy attorney general maine argued cause appellant briefs james tierney attorney general jerrold ganzfried argued cause appellee rule support appellant brief solicitor general fried assistant attorney general habicht deputy solicitor general wallace donald carr dirk snel margaret hill paul eggert argued cause appellee taylor brief robert edmond mittel justice blackmun delivered opinion little fish caused commotion see hughes oklahoma tva hill cappaert fish case golden shiner species minnow commonly used live bait sport fishing appellee robert taylor hereafter taylor appellee operates bait business maine despite maine statute prohibiting importation live baitfish arranged live golden shiners delivered outside state shipment intercepted federal grand jury district maine indicted taylor violating conspiring violate lacey act amendments stat section amendments makes federal crime import export transport sell receive acquire purchase interstate foreign commerce fish wildlife taken possessed transported sold violation law regulation state violation foreign law taylor moved dismiss indictment ground maine import ban unconstitutionally burdens interstate commerce therefore may form basis federal prosecution lacey act maine pursuant intervened defend validity statute arguing ban legitimately protects state fisheries parasites nonnative species might included shipments live baitfish district found statute constitutional denied motion dismiss taylor supp taylor entered conditional plea guilty pursuant federal rule criminal procedure reserving right appeal district ruling constitutional question appeals first circuit reversed agreeing taylor underlying state statute impermissibly restricts interstate trade taylor maine appealed set case plenary review postponed consideration taylor challenges appellate jurisdiction maine invokes jurisdiction authorizes appeal right party relying state statute held appeals invalid repugnant constitution treaties laws appellee however contends provision applies civil cases event maine lacks standing appeal reversal federal conviction contentions relate unusual procedural posture case appeal state reversal federal conviction based violation state law consider turn first despite procedural peculiarities case fits squarely within plain terms maine relies state statute appeals held unconstitutional although statutes authorizing appeals right strictly construed see silkwood nothing language legislative history suggests scope limited civil litigation arguing limitation appellee relies principally fact authorize discretionary review cases courts appeals writ certiorari certification respectively apply explicitly civil criminal case since express language absent appellee contends congress must intended appellate jurisdiction cases courts appeals remain limited civil cases indeed limited prior enactment predecessor find argument unconvincing statutes governing jurisdiction expressly apply civil criminal cases others explicitly limited civil actions see absence either sort provision hardly demonstrates congress civil cases mind see reason read limitation straightforward unambiguous terms statute situation sense statute literal language loggerheads adherence plain terms statute confer upon jurisdiction beyond naturally properly belongs heckler edwards quoting florida lime avocado growers jacobsen frankfurter dissenting turn quoting american security trust district columbia section serves ensure state statute struck federal judiciary found invalid parties acquiesce decision lower federal federal nullification state statute grave matter whether occurs civil litigation course criminal prosecution review particularly warranted either event appellee second jurisdictional argument based fact appellant state maine intervenor district brought original prosecution since attorneys sole power prosecute criminal cases federal courts appellee contends maine may seek review appeals reversal conviction statute however maine intervened rights party appeals may taken party relying state statute held invalid federal law appeals previously recognized intervenors lower federal courts may seek review long sufficient stake outcome controversy satisfy constitutional requirement genuine adversity bryant yellen see also diamond charles maine stake outcome litigation substantial judgment appeals left undisturbed state bound conclusive adjudication import ban unconstitutional see stoll gottlieb although private parties perhaps even separate sovereigns legally cognizable interest prosecutorial decisions federal government diamond charles supra linda richard state clearly legitimate interest continued enforceability statutes see diamond charles supra alfred snapp son puerto rico ex rel barez furthermore reversal judgment appeals result automatic reinstatement appellee guilty plea controversy us clearly remains live notwithstanding federal government decision abandon appeal turn merits ii commerce clause constitution grants congress power regulate commerce foreign nations among several indian tribes art cl although clause thus speaks terms powers bestowed upon congress long recognized also limits power erect barriers interstate trade lewis bt investment managers maine statute restricts interstate trade direct manner possible blocking inward shipments live baitfish state border still district appeals recognized fact alone render law unconstitutional limitation imposed commerce clause state regulatory power means absolute retain authority general police powers regulate matters legitimate local concern even though interstate commerce may affected determining whether state overstepped role regulating interstate commerce distinguished state statutes burden interstate transactions incidentally affirmatively discriminate transactions statutes first group violate commerce clause burdens impose interstate trade clearly excessive relation putative local benefits pike bruce church statutes second group subject demanding scrutiny explained hughes oklahoma state law shown discriminate interstate commerce either face practical effect burden falls state demonstrate statute serves legitimate local purpose purpose served well available nondiscriminatory means see also sporhase nebraska ex rel douglas hunt washington state apple advertising dean milk madison district appeals reasoned correctly since maine import ban discriminates face interstate trade subject strict requirements hughes oklahoma notwithstanding maine argument requirements waived lacey act amendments well established congress may authorize engage regulation commerce clause otherwise forbid see southern pacific arizona ex rel sullivan important role commerce clause plays protecting free flow interstate trade exempted state statutes implied limitations clause congressional direction unmistakably clear timber development wunnicke amendments lacey act clearly provide federal enforcement valid state foreign wildlife laws maine identifies nothing text legislative history amendments suggests congress wished validate state laws unconstitutional without federal approval maine concedes lacey act amendments exempt state wildlife legislation scrutiny commerce clause see reply brief appellant state insists however amendments lower intensity scrutiny otherwise applied agree unambiguous indication congressional intent required federal statute read authorize otherwise invalid state legislation regardless whether purported authorization takes form flat exemption commerce clause scrutiny less direct form reduction level scrutiny absent clear expression approval congress relaxation restrictions state power otherwise imposed commerce clause unacceptably increases risk unrepresented interests adversely affected restraints commerce timber supra case simply unambiguous statement congressional intent whatsoever alter limits state power otherwise imposed commerce clause public utilities california arguing contrary maine relies almost exclusively following findings senate report lacey act amendments desirable extend protection species wildlife covered lacey act plants presently covered foreign government encouraged protect broad variety species legal mechanisms supportive governments pp iii district found evidentiary hearing parts hughes test satisfied appeals disagreed conclude appeals erred setting aside findings district explain need discuss proceedings detail evidentiary hearing district based conclusions one magistrate three scientific experts testified prosecution one defense prosecution experts testified live baitfish imported state posed two significant threats maine unique fragile fisheries first maine population wild fish including indigenous golden shiners placed risk three types parasites prevalent baitfish common wild fish maine see app second nonnative species inadvertently included shipments live baitfish disturb maine aquatic ecology unpredictable extent competing native fish food habitat preying native species disrupting environment subtle ways see prosecution experts testified satisfactory way inspect shipments live baitfish parasites commingled species according testimony small size baitfish large quantities shipped made inspection commingled species physical impossibility parasite inspection posed separate set difficulties examination procedure required destruction fish although statistical sampling inspection techniques developed salmonids salmon trout shipment certified based standardized examination fish scientifically accepted procedures sort available baitfish see appellee expert denied scientific justification supported maine total ban importation baitfish testified none three parasites discussed prosecution witnesses posed significant threat fish wild sampling techniques developed baitfish precisely need testified professional baitfish farmers raise fish ponds freshly drained ensure species inadvertently collected weighing testimony magistrate concluded prongs hughes test satisfied accordingly appellee motion dismiss indictment denied appellee filed objections district independent review evidence reached conclusions first found maine clearly legitimate substantial purpose prohibiting importation live bait fish substantial uncertainties surrounded effects baitfish parasites state unique population wild fish consequences introducing nonnative species similarly unpredictable second concluded less discriminatory means protecting threats currently unavailable particular testing procedures baitfish parasites yet devised even procedures sort effective found development probably take considerable amount time although appeals expressly set aside district finding legitimate local purpose noted several factors cast doubt finding first maine apparently state bar importation live baitfish see second maine accepted interstate shipments freshwater fish subject inspection requirement third aura economic protectionism surrounded statements made maine department inland fisheries wildlife opposition proposal appellee repeal ban ibid finally noted parasites nonnative species transported maine shipments nonbaitfish nothing prevented fish simply swimming state new hampshire despite indications protectionist intent appeals rested invalidation maine import ban different basis concluding maine demonstrated legitimate local purpose served ban promoted equally well without discriminating heavily interstate commerce specifically found difficult reconcile maine claim rely sampling inspection state reliance similar procedures case freshwater fish following reversal appellee conviction maine petitioned rehearing ground appeals improperly disregarded district findings fact denied petitions concluding since unavailability less discriminatory alternative mixed finding law fact reviewing free examine carefully factual record draw conclusions although proffered justification local discrimination interstate commerce must subjected strictest scrutiny hughes oklahoma empirical component scrutiny like form factfinding basic responsibility district courts rather appellate courts swint quoting demarco frequently emphasized appellate courts decide factual questions de novo reversing findings made differently see anderson bessemer city zenith radio hazeltine research federal rules criminal procedure contain counterpart federal rule civil procedure expressly provides findings fact made trial judge shall set aside unless clearly erroneous considerations underlying rule demands judicial efficiency expertise developed trial judges importance firsthand observation see anderson supra apply full force criminal context least respect factual questions nothing guilt accordingly clearly erroneous standard review long applied nonguilt findings fact district courts criminal cases see campbell wright federal practice procedure ed need decide whether findings reviewed clearly erroneous standard appellee concedes standard applies factual findings made district case see tr oral arg note however broader review authorized simply constitutional case factual findings issue may determine outcome case see bose consumers union swint matter one describes abstract issue whether alternative means promote local purpose well without discriminating interstate commerce hughes oklahoma specific question whether scientifically accepted techniques exist sampling inspection live baitfish one fact district finding techniques devised characterized clearly erroneous indeed record probably support contrary finding two prosecution witnesses testified lack procedures appellee expert conceded point although disagreed need tests see app maine allowed importation freshwater fish inspection hardly demonstrates district clearly erred crediting corroborated uncontradicted expert testimony standardized inspection techniques yet developed baitfish particularly text permit statute suggests designed specifically regulate importation salmonids experts testified testing procedures developed appellee argue sampling inspection procedures already exist baitfish contends procedures easily developed brief appellee perhaps also appeals meant suggest unlike proposition techniques already exist contention readily devised enjoys support record appellee expert testified developing techniques require experts field get together app gave estimate time expense involved however one prosecution experts testified development testing procedures salmonids required years heavily financed research see light testimony say district clearly erred concluding development sampling inspection techniques baitfish expected take significant amount time importantly agree district abstract possibility developing acceptable testing procedures particularly assurance effectiveness make procedures vailabl nondiscriminatory alternativ hunt purpose commerce clause state must make reasonable efforts avoid restraining free flow commerce across borders required develop new unproven means protection uncertain cost appellee course free work conjunction bait dealers develop scientifically acceptable sampling inspection procedures golden shiners procedures developed maine longer may able justify import ban state need join efforts however need pretend already succeeded although appeals expressly overturn district finding maine import ban serves legitimate local purpose appellee argues alternative ground affirmance finding rejected reviewing expert testimony presented magistrate however say district clearly erred finding substantial scientific uncertainty surrounds effect baitfish parasites nonnative species maine fisheries moreover agree district maine legitimate interest guarding imperfectly understood environmental risks despite possibility may ultimately prove negligible constitutional principles underlying commerce clause read requiring state maine sit idly wait potentially irreversible environmental damage occurred scientific community agrees disease organisms dangerous acts avoid consequences think much doubt cast legitimacy maine purposes appeals took signs protectionist intent shielding industries competition almost never legitimate local purpose state laws amount simple economic protectionism consequently subject virtually per se rule invalidity philadelphia new jersey accord minnesota clover leaf creamery little reason case believe legitimate justifications state put forward statute merely sham post hoc rationalization hughes suggesting contrary appeals relied heavily passage near end statement submitted maine department inland fisheries wildlife opposition appellee proposed repeal state ban importation live baitfish ca help asking spend money arkansas far better spent home clear much done maine provide sportsmen safe bait also possibility industry develop lucrative export market neighboring quoting baitfish importation position maine department inland fisheries wildlife app evidence protectionism identified appeals persuasive fact maine allows importation salmonids standardized sampling inspection procedures available hardly demonstrates maine legitimate interest prohibiting importation baitfish procedures yet devised demonstrated fact may enacted similar bans especially given testimony maine fisheries unique unusually fragile finally little relevance fish swim directly maine new hampshire magistrate explained impediments complete success ground preventing state using best efforts limit environmental risk iv commerce clause significantly limits ability localities regulate otherwise burden flow interstate commerce elevate free trade values long state needlessly obstruct interstate trade attempt place position economic isolation baldwin seelig retains broad regulatory authority protect health safety citizens integrity natural resources evidence case amply supports district findings maine ban importation live baitfish serves legitimate local purposes adequately served available nondiscriminatory alternatives case arbitrary discrimination interstate commerce record suggests maine legitimate reasons apart origin treat baitfish differently philadelphia new jersey judgment appeals setting aside appellee conviction therefore reversed ordered footnotes section reads full cases courts appeals may reviewed following methods writ certiorari granted upon petition party civil criminal case rendition judgment decree appeal party relying state statute held appeals invalid repugnant constitution treaties laws appeal shall preclude review writ certiorari instance appellant review appeal shall restricted federal questions presented certification time appeals question law civil criminal case instructions desired upon certification may give binding instructions require entire record sent decision entire matter controversy congress amended judicial code read follows case circuit appeals drawn question validity statute state ground repugnant constitution treaties laws decision validity may election party relying state statute taken review writ error appeal event review certiorari shall allowed instance party review writ error appeal shall restricted examination decision federal questions presented case act stat appeals allowed right decisions courts appeals civil cases involving arising diversity admiralty patent revenue jurisdiction federal courts see act mar stat relevant portion act added floor senate debates surrounding amendment contain suggestion intended apply civil cases see cong rec even case fell outside scope still discretion grant review writ certiorari see doran salem inn el paso simmons filed timely notice appeal app later moved appeals dismiss appeal ecause acting solicitor general determined cases entitled priority selecting limited number cases government ask review brief appeals granted government motion app title provides action suit proceeding state agency officer employee thereof party wherein constitutionality statute state affecting public interest drawn question shall certify fact attorney general state shall permit state intervene presentation evidence evidence otherwise admissible case argument question constitutionality state shall subject applicable provisions law rights party subject liabilities party costs extent necessary proper presentation facts law relating question constitutionality advises us intend seek dismissal indictment maine prevails see brief one prosecution witness testified maine lakes contain unusually clean water originally supported rather delicate community species fish app another stressed state real landlocked salmon fishing come maine live maine two types parasites found appellee confiscated shipment golden shiners see taylor supp although appellee shipment found contain fish golden shiners contain polliwogs crustacean crawfish app testimony suggesting pose ecological risks nonnative fish see expert examined appellee shipment testified although inspection shipment revealed two three parasites described prevalent baitfish outside maine certainly put signature certificate say none third parasite present lot shipment intercepted case contained approximately fish specimens pound according prosecution testimony design sampling inspection techniques must take account particular parasites concern baitfish parasites differ salmonid parasites see appellee expert agreed also testimony physical layout bait farms makes inspection source shipment particularly difficult border inspections feasible fish die time takes complete tests several reasons district discounted testimony appellee expert baitfish parasites pose serious threat disease organisms found salmonids noted considerable scientific debate surrounded even threat posed salmonid diseases appellee expert testified largely effects baitfish parasites commercial hatcheries rather wild unfamiliar northeast fisheries district approved magistrate general finding obviously workable alternatives outright prohibition importation neither magistrate made specific finding whether maine adequately protect inadvertent introduction nonnative species allowing baitfish imported professional bait farmers using freshly drained ponds conflicting evidence point appellee expert suggested methods largely eliminated problem commingled species app prosecution witness testified complete success unlikely see also prosecution testimony shipments screened reliably commingled species business living material move ca hold tanks kind thing length time position resolve factual dispute conclude event district findings regarding parasites adequately support constitutionality challenged statute also noted restriction number size importations less restrictive total ban identified reason believe restriction protect parasites commingled species effectively ban support conclusion free examine carefully factual record draw conclusions appeals cited bacchus imports dias boston stock exchange state tax question cases whether given set facts amounted discrimination forbidden commerce clause neither case reject underlying factual findings made trial indeed findings reject facts stipulated bacchus see boston stock exchange decided motion dismiss see statute provides commissioner may grant permits importation freshwater fish upon application describes fish source includes statement recognized fish pathologist college university state conservation department fish wildlife service certifying fish sources show evidence viral hemorrhagic septicemia infectious pancreatic necrosis infectious hematopoietic necrosis myxosomo cerebralis diseases may threaten fish stocks within state rev stat tit emphasis added listed diseases identified hearing magistrate salmonid disorders see app rule applied laws motivated solely desire protect local industries competition also laws respond legitimate local concerns discriminating arbitrarily interstate trade evil protectionism reside legislative means well legislative ends philadelphia new jersey held example new jersey may conserve disposal capacity landfill sites banning importation wastes see oklahoma may fight depletion population natural minnows prohibiting commercial exportation see hughes oklahoma case residents forced bear brunt conservation program apparent reason lived voted see philadelphia new jersey hughes intentional barriers interstate trade protectionist however commerce clause guaranty right import state whatever one may please absent prohibition congress regardless effects importation upon local community robertson california even overt discrimination interstate trade may justified case goods services particularly likely reason threaten health safety state citizens integrity natural resources outright prohibition entry rather intermediate form regulation effective method protecti lewis bt investment managers district address appellee argument import ban protectionist believe appellee objected magistrate rejection argument see appeals disagreed concluding appellee objections magistrate recommended decision incorporated arguments included motion dismiss see objections filed district appellee specifically contend statute protectionist concluded asking indictment dismissed reasons stated herein also reasons stated defendant memorandum law support motion dismiss defendant objection magistrate recommended decision defendant motion dismiss indictment mar emphasis added think magistrate clearly right reject argument maine bait statute constitutes economic protectionism need decide whether catchall language sufficed preserve argument later review cf thomas arn import ban originally enacted see acts ch although maine flat statutory ban importation live baitfish apparently unique minnesota prohibits use imported minnows bait purposes xcept otherwise specifically permitted stat subd several require administrative approval importation introduction live fish see utah code ann code stat supp cf codified laws minnows may transported south dakota pursuant permit granted authority wildlife agencies prohibit importation particular species see code stat cf rev stat state wildlife commission empowered regulate prohibit use live bait fishing end undesirable species fish intentionally unintentionally may introduced public waters state justice stevens dissenting something fishy case maine state union blatantly discriminates baitfish flatly prohibiting importation although golden shiners already present thriving maine perhaps coincidentally subject flourishing domestic industry maine excludes golden shiners grown harvested perhaps coincidentally sold kind stark discrimination articles commerce requires rigorous justification discriminating state discrimination commerce type found demonstrated burden falls state justify terms local benefits flowing statute unavailability nondiscriminatory alternatives adequate preserve local interests stake hunt washington state apple advertising like district concludes uncertainty possible ecological effects possible presence parasites nonnative species shipments shiners suffices carry state burden proving legitimate public purpose ante similarly concludes state obligation develop feasible inspection procedures make total ban unnecessary ante seems clear however presumption run way since state engages obvious discrimination commerce put proof ambiguity dangers alternatives actually defeat rather sustain discriminatory measure derogate state interest ecological purity invocation environmental protection public health never thought confer kind special dispensation general principle nondiscrimination interstate commerce different view ordinance valid simply professes health measure mean commerce clause imposes restraints state action laid due process clause save rare instance state artlessly discloses avowed purpose discriminate interstate goods dean milk madison maine wishes rely interest ecological preservation must show interest infeasibility alternatives far greater specificity otherwise must asserted interest manner far less offensive notions comity cooperation underlie commerce clause significantly appeals familiar maine natural resources legislation concerned uniqueness maine ban felt maine unquestionable natural splendor notwithstanding state carried substantial burden proving meet environmental concerns manner interest health fish ecology cf ante describing less restrictive procedures respectfully dissent