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United States v. Helsley

Citation: 10 ELR 20087
No. No. 79-1100, 615 F.2d 784/(9th Cir., 11/16/1979) Rev'd

The Ninth Circuit Court of Appeals reverses the lower court, 9 ELR 20326, and upholds the constitutionality of the Airborne Hunting Act. The congressional authority to regulate interstate commerce is sufficient to sustain the validity of the Act, which is similar to other statutory measures to increase safety in aircraft operations. Even if the Act's purpose were to regulate game management, the court notes that it would withstand a constitutional challenge because the Commerce Clause is plenary and may be used to regulate activities incidental to interstate commerce. Further, the court rejects the notion that wildlife regulation is reserved exclusively to the states under the Tenth Amendment; state control over its resources does not prohibit the proper exercise of federal power under the Commerce Clause. Finally, the court finds that the Montana law is consistent with the federal law in this circumstance.

Counsel for Appellant
Robert L. Zimmerman, Ass't U.S. Attorney
P.O. Box 1478, Billings MT 59103
(406) 657-6101

Counsel for Appellees
Willis B. Jones
First Federal Bldg., Billings MT 59101
(406) 245-0655

Counsel for Amicus Curiae Environmeltal Defense Fund, Inc.
David Roe
Environmental Defense Fund, Inc.
2606 Dwight Way, Berkeley CA 94704
(415) 548-8906

Daniel K. Mayers
Wilmer & Pickering
1666 K St. NW, Washington DC 20006
(202) 872-6000

Before MERRILL and KENNEDY, Circuit Judges, and WILLIAMS,* District Judge.