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United States v. Bair

Citation: 9 ELR 20324
No. No. CR 78-L-31, 488 F. Supp. 22/(D. Neb., 02/14/1979)

The court upholds the Airborne Hunting Act as a constitutional exercise of federal power under the Commerce Clause. Defendants, who had been charged with violations of the Act for using a helicopter while hunting coyotes, challenged the constitutionality of the Act on the ground that the Tenth Amendment reserved to the states the exclusive power to regulate fish and wildlife. Using a Commerce Clause analysis, the court finds first that there is a rational nexus between the regulated activity and interstate commerce in that the use of aircraft for hunting poses more than a minimal hazard to interstate air travel. Second, the court concludes that the Act is a reasonable and appropriate means to eliminate this danger and thus within Congress' power to enact.

Counsel for Plaintiff
Thomas D. Thalken, Ass't U.S. Attorney
P.O. Box 1228, Omaha NE 68101
(402) 221-4774

Counsel for Defendants
John F. Recknor
Barlow, Johnson, DeMars & Flodman
1201 J St., Box 81686, Lincoln NE 68501
(402) 432-0188