Wild Earth Guardians submits petition for 13 species
The AP reports here. Nicole Rosmarino, of Wild Earth Guardians, justifies the group's recent listing petition on the grounds that the ESA "is all about protecting the rich tapestry of life." This observation underscores what many in the environmental community believe the ESA is supposed to defend—"biodiversity" writ large. Whether or not a worthwhile endeavor, that statutory purpose may prove insufficient to withstand constitutional attack in a Commerce Clause challenge to the ESA before the Supreme Court. The extent to which the ESA cannot be characterized as a market regulatory scheme (i.e., the interstate market in endangered species), to that extent the regulation of intrastate noncommercial species becomes, constitutionally speaking, more suspect.
What to read next
PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine
It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it’s unconstitutional for government to … ›