News & Analysis as of

Commerce Clause US Fish and Wildlife Service

Allen Matkins

California Environmental Law & Policy Update 5.17.24

Allen Matkins on

A coalition of 17 states led by Nebraska is suing California for creating ZEV standards for trucking fleets, saying the state’s rule violates the Constitution’s Commerce Clause. California’s Advanced Clean Fleets regulation,...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Temporarily Pulls the Teeth Out of California’s Alligator and Crocodile Product Ban

California’s recent ban on the importation and sale of alligator products in the state has faced significant legal pushback from retailers and wholesalers of alligator products, the federal government, and others, and has...more

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

Davis Wright Tremaine LLP

Tenth Circuit Reverses Ruling Limiting Endangered Species Act Jurisdiction Over Intra-State Species

The Tenth Circuit U. S. Court of Appeals dashed the hopes of property rights activists by overturning a district court decision that the Fish and Wildlife Service (FWS) had no jurisdiction under the Endangered Species Act...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

Beveridge & Diamond PC

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

Beveridge & Diamond PC on

In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

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