ELR Citation: 47 ELR 20052
No(s). 14-4151 & 14-4165 (10th Cir. Mar 29, 2017)

The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take of the Utah prairie dog. A group of property owners challenged FWS's authority to use the ESA to prohibit take of the Utah prairie dog, an intrastate species, on nonfederal land. A district court granted...