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This morning, we filed a petition for rehearing en banc in People for the Ethical Treatment of Property Owners v. U.S. 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 unconstituti ...

We got some disappointing news yesterday when the Tenth Circuit overturned the federal district court's decision that federal regulations prohibiting the take of Utah prairie dogs exceed the federal government's constitutional powers. As you may not recall, since more than 18 months passed between oral argument and the decision, PLF is challenging ...

In honor of Groundhog Day, WildEarth Guardians released its annual report card for federal and state management of prairie dogs. Unsurprisingly, the environmental group isn't too fond of PLF's victory on behalf of People for the Ethical Treatment of Property Owners (PETPO). Yet it's judgment of the relative quality of federal and state management s ...

The Endangered Species & Wetlands Report has obtained the recording of the Monday's oral argument in the Utah prairie dog case. As you'll recall, this is the constitutional challenge to the federal government's authority to regulate any activity that affects any living thing under the Commerce Clause. As we argue, the Commerce Clause isn't an o ...

Next week, I'll be arguing People for the Ethical Treatment of Property Owners' case against the unconstitutional Utah prairie dog regulation in the Tenth Circuit Court of Appeals in Denver, Colorado. The argument will be at 9 am mountain time at the Byron White Courthouse at 1823 Stout Street. As you'll recall, this is the federal government's ...

On Tuesday, June 2, 2015, Pacific Legal Foundation (PLF) and Competitive Enterprise Institute held a joint event on Capitol Hill to discuss the constitutional limits of the Endangered Species Act (ESA). With U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. Rob Bishop (R-Utah) providing opening remarks, it was a terrific panel discussion with a standing ...

Many friend-of-the-court briefs have been filed supporting People for the Ethical Treatment of Property Owners' challenge to the federal government's unconstitutional Utah prairie dog regulation. These briefs are a reminder of how important the issue is and how unnecessary the federal regulation -- and its immense burdens on individuals -- is. O ...

In defending the constitutionality of the Utah prairie dog regulation, the government makes a paradoxical claim. Conceding that federal intrusions into areas of traditional state authority are unconstitutional, the government nonetheless argues that the Necessary and Proper Clause allows the federal government to regulate anything for any reason, s ...

If you missed last nights Stossel program's coverage of PLF's prairie dog victory, you can still catch it this Sunday at 10 pm EST on FoxNews. A clip is also available on the show's homepage. ...