Prairie Dog "Takings" re ESA Struck Down in Utah Court
From the Washington Post: District Court Strikes Down Endangered Species Protections for Exceeding the Scope of Federal Power By Jonathan H. Adler November 5 This afternoon a district court in Utah held that the federal prohibition against “taking” Utah prairie dogs — listed as “threatened” under the Endangered Species Act — exceeds the scope of federal power under the Commerce and Necessary and Proper clauses. Here is how Judge Dee Benson summarized his conclusion in People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service: Although the Commerce Clause authorizes Congress to do many things, it does not authorize Congress to regulate takes of a purely intrastate species that has no substantial effect on interstate commerce.
November 10, 2014