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Expert Analysis

Utah Prairie Dog Could Narrow Endangered Species Act

Law360, New York (December 15, 2014, 11:42 AM EST) -- A Utah federal court has created the potential for a constitutional showdown that could result in a significant narrowing of the Endangered Species Act and further limiting Congress' power to legislate. In an unprecedented ruling, U.S. District Judge Dee Benson struck down the application of the ESA to a prairie dog whose habitat is wholly within Utah. People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Serv., No. 2:13-cv-00278-DB (D. Utah Nov. 4, 2014) ("PETPO")....

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