Property Rights Groups Eye ESA Fight In High Court

Law360, New York (January 9, 2009, 12:00 AM EST) -- Though they've been unsuccessful in the past, property rights advocates are expected to take advantage of a conservative U.S. Supreme Court, gearing up to once again challenge Congress' ability to protect endangered species found in only one state.

Their argument alleges that the U.S. Constitution's commerce clause does not give Congress the authority to protect rare animal and plant species that lack commercial value and don't cross state lines. Of the more than 1,300 species listed as threatened or endangered in the United States, roughly half...
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