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Takings Clause Private Property Endangered Species Act (ESA)

Nossaman LLP

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Nossaman LLP on

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Sheppard Mullin Richter & Hampton LLP

District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...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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