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Commerce Clause Appeals Endangered Species Act (ESA)

Foley Hoag LLP - Environmental Law

McDonalds Won’t Be Serving Utah Prairie Dog Burgers Any Time Soon

On Wednesday, the 10th Circuit Court of Appeals held that regulation of takes of the Utah prairie dog, a purely intrastate species, does not violate the Constitution. Reversing the decision below, the 10th Circuit joined all...more

Nossaman LLP

Tenth Circuit Court of Appeals Reinstates Special Rule Regulating Take of Utah Prairie Dog

Nossaman LLP on

On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens).  Because Congress has this...more

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