January 21, 2016

Justices skeptical of Park Service's power to regulate private and state property

By Anthony L. Francois Senior Attorney

Yesterday, the Supreme Court of the United States heard oral argument in Sturgeon v. Frost, in which the issue is whether the National Park Service can regulate activity on property it does not own but is located within the exterior boundaries of a National Park. Several justices were skeptical of the federal government’s argument that Congress has given the Park Service power over private and state property within Park boundaries. As PLF’s amicus brief argues, this concern is especially heightened where statutes creating the Park in question have specifically denied the Park Service any such power. You can get the rest of my take in our post-argument video:

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