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Commerce Clause

People for the Ethical Treatment of Property Owners v. FWS

ELR Case

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...

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

ELR Case

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...

Tarrant Regional Water District v. Herrmann

ELR Case

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits...

Hugo v. Nichols

ELR Case

The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce...

Pacific Merchant Shipping Ass'n v. Goldstene

ELR Case

The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The rules, which seek to reduce air pollutants...

San Luis & Delta-Mendota Water Authority v. Salazar

ELR Case

The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause. In 2008, the FWS issued a biological opinion (BiOp) to the Bureau of Reclamation concerning two federal and...