Victory: PLF and People for the Ethical Treatment of Property Owners defeat unconstitutional Endangered Species Act regulation
This is not only a big win for them, but for all Americans who believe in limited government. From the court’s decision:
Although the Commerce Clause authorizes Congress to do many things, it does not authorize Congress to regulate takes of a purely intrastate species that has no substantial effect on interstate commerce. Congress similarly lacks authority through the Necessary and Proper Clause because the regulation of takes of Utah prairie dogs is not essential or necessary to the ESA’s economic scheme.One of the most important issues in the case was how far the government could stretch its Commerce Clause power to reach anything that could conceivably have some attenuated affect on interstate commerce. The government and the environmentalists argued that all species necessarily have this effect or any species that has been studied by scientists or might encourage tourism does. According to the court, the government’s theory has “no logical stopping point to congressional power under the Commerce Clause.”
More information about the case can be found here.