Tenth Circuit overturns Utah prairie dog decision

We got some disappointing news yesterday when the Tenth Circuit overturned the federal district court’s decision that federal regulations prohibiting the take of Utah prairie dogs exceed the federal government’s constitutional powers. As you may not recall, since more than … Continue reading

The Commerce Clause isn’t a “do-whatever-you-feel-like” power

In an article published today by the Federalist Society’s Engage, I discuss PLF’s constitutional challenge to the Endangered Species Act in the prairie dog case. As you’ll recall, we represented People for the Ethical Treatment of Property Owners — a … Continue reading

Oral argument in PLF’s prairie dog case Sept. 28

Next week, I’ll be arguing People for the Ethical Treatment of Property Owners’ case against the unconstitutional Utah prairie dog regulation in the Tenth Circuit Court of Appeals in Denver, Colorado. The argument will be at 9 am mountain time … Continue reading

It’s good to have friends

Many friend-of-the-court briefs have been filed supporting People for the Ethical Treatment of Property Owners‘ challenge to the federal government’s unconstitutional Utah prairie dog regulation. These briefs are a reminder of how important the issue is and how unnecessary the … Continue reading

Is the Constitution a paradox?

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the … Continue reading

Victory: PLF and People for the Ethical Treatment of Property Owners defeat unconstitutional Endangered Species Act regulation

For the first time, a federal court has┬ástruck down federal regulation of a species under the Endangered Species Act, holding that the Constitution doesn’t give the federal government limitless powers. People for the Ethical Treatment of Property Owners members are … Continue reading