Reminder: Watch Stossel cover PLF win over ESA prairie dog regs
Sacramento, CA; December 4, 2014:Tonight’s installment of “Stossel with John Stossel” on Fox Business Network will highlight Pacific Legal Foundation’s landmark court victory over the federal Endangered Species Act regulations for the Utah prairie dog — the first time a federal court has held ESA regulations invalid under the Constitution’s Commerce Clause.
The program was originally set for broadcast in November, but was rescheduled for tonight — Thursday, December 4, 2014.
PLF represents People for the Ethical Treatment of Property Owners (PETPO), a broad coalition of residents of Cedar City, Utah, who have been blocked by ESA regulations from protecting their property from Utah prairie dogs and the damage they cause. Recently, U.S. District Court Judge Dee Benson sided with PLF’s lawsuit and held that the federal government may not bar property owners from trying to control the Utah prairie dog population on their own land. This is because the Utah prairie dog does not affect interstate commerce, so it does not fall within federal regulatory jurisdiction under the Commerce Clause.
The Stossel episode will feature PLF Staff Attorney Jonathan Wood, along with Bruce Hughes, a PETPO member. Hughes has been unable to develop a small parcel he bought as a retirement investment, because prairie dogs moved onto the land.
About Pacific Legal Foundation
Donor-supported Pacific Legal Foundation is the leading legal watchdog organization that litigates for limited government, property rights, and a balanced approach to environmental regulations, in courts across the country. PLF represents all clients free of charge.
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Our Constitution limits the federal government’s powers to those expressly listed in the document But the government we have today is a far cry from the limited government described by our Founding Fathers
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For decades, a federal regulation kept the people of southwestern Utah from doing things that the rest of us take for granted in our own communities They were blocked from building homes, starting small businesses, even protecting playgrounds, anRead more
This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v US Fish & Wildlife Service—our challenge to the federal government’s constitutional authority to regulate take of the Utah prairie dog Three years ago, the District Court for the District of Utah ruled the regulation unconstitutional But in March, a panel of judges from the Tenth Circuit overturned that decision
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President Trump campaigned on a promise to repeal 70% of federal regulations, eliminating red tape to promote job growth and economic development Any regulatory reform effort should initially focus on the low-hanging fruit — those regulations which are needlessly costly and counterproductive Based on that, regulatory abuses under the Endangered Species Act should be the first scrutinized
The Endangered Species Act, thanks to its crippling “take” prohibition, has been incredibly disruptive to rural communities, including many of those that supported Trump For decades, that statute has encouraged environmental special interests to push for ever more species to be listed, to shut down economic activity they dislike And, although countless jobs haveRead more