September 2, 2014

9/11 Hearing in People for the Ethical Treatment of Property Owners v. FWS

By Jonathan Wood Attorney

The U.S. District Court for the District of Utah will soon hear People for the Ethical Treatment of Property Owners‘ challenge to unconstitutional federal regulations that forbid its members from using their private property and the local government from providing municipal services in order to protect a rare pest, the Utah prairie dog.

The hearing will be before Judge Dee Benson in Salt Lake City at 2:30 pm on September 11th.

To learn more about this case, check out the case page.

learn more about

People for the Ethical Treatment of Property Owners v. Fish and Wildlife Service

For decades, the federal Endangered Species Act has simultaneously stifled responsible conservation of the Utah prairie dog, while barring property owners from using their own land as they wish. So PLF asked the United States Supreme Court to step in, to protect both the prairie dog and property rights of the people who share the same land. Representing a group of landowners called the People for the Ethical Treatment of Property Owners, PLF challenged the constitutionality of the federal prohibitions. Our initial victory in federal district court allowed the state to adopt a conservation program that benefitted both people and the prairie dog. It has relocated prairie dogs from backyards, playgrounds, and other residential areas to improved state conservation lands. However, that successful conservation program ground to a halt when the Tenth Circuit restored the federal regulation. Our petition asked to restore both the state conservation program and constitutional limits on federal power, which the Supreme Court denied.

Read more

What to read next