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Constitutionality

People for the Ethical Treatment of Property Owners v. United States Fish & Wildlife Service

A district court held that the federal government may not regulate the take of the Utah prairie dog, a threatened species, on nonfederal lands under the ESA. In 2012, FWS issued a rule authorizing the take of the Utah prairie dog, via...

Rancho Viejo, Ltd. Liab. Corp. v. Norton

The court holds that application of the Endangered Species Act (ESA) to a commercial housing development that threatened the continued existence of the arroyo southwestern toad, an endangered species, was a constitutional exercise of...

GDF Realty Invs., Ltd. v. Norton

The court holds that the take provision of the Endangered Species Act (ESA), as applied to landowners, does not violate the U.S. Commerce Clause. After purchasing property, the landowners sought to develop it, but were prevented from...

Rancho Viejo, Ltd. Liab. Corp. v. Norton

The court holds that the Endangered Species Act's (ESA's) application to private lands in order to protect an endangered species that lives entirely within one state does not violate the U.S. Commerce Clause. The court first holds that...

Gibbs v. Babbitt

The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has...

National Ass'n of Home Builders v. Babbitt

The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as...

National Ass'n of Home Builders v. Babbitt

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first...