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On the Merits -- Washington Legal Foundation


People for the Ethical Treatment of Property Owners (PETPO) challenged the application of Endangered Species Act's "take" provision to the the listed Utah prairie dog, a species found wholly within the state of Utah. A district court agreed with PETPO that the regulation exceeded Constitution's commerce clause authority, and the case is now before the Tenth Circuit. This brief comment encapsulates arguments made in support of the constitutionality of the application of the take provision to the species by an amicus brief submitted by over 40 law professors.

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