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Commerce Clause Endangered Species

Pillsbury - Gravel2Gavel Construction & Real...

End of the Road for the Utah Prairie Dog’s Iconic Commerce Clause Status

Last March, the U.S. Court of Appeals for the Tenth Circuit revered the District Court’s ruling that the U.S. Fish and Wildlife Service (Service) could not subject the Utah Prairie Dog to Endangered Species Act-protected...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

Latham & Watkins LLP

Nine Western States Throw Their Support Behind Case Challenging Reach of the Endangered Species Act

Latham & Watkins LLP on

On May 26, nine western states filed an amicus brief in People for the Ethical Treatment of Property Owners (PETPO) v. United States Fish and Wildlife Service urging the 10th Circuit Court of Appeals to limit the reach of...more

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