Procedural Guarantees

Center for Biological Diversity v. Otter

States are not the handmaidens of the federal government

Idaho permits the trapping of certain animals valued for their fur. The regulations require a state permit and require the traps to be checked every 72 hours so that non-targeted species are released. Hunters must notify the state whenever a trap catches a non-targeted species. A radical environmental group sued the state for alleged violation of the Endangered Species Act on the theory that the regulations do not sufficiently protect the lynx. The lower court held that the state was liable. PLF will support the state in the Ninth Circuit, arguing that, under the Tenth Amendment, the federal government cannot commandeer state officials to implement federal law.

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