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Environmental & Energy

Jan. 13, 2015

Prairie dogs vs. Congress

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act, may have far-reaching implications on Congress' commerce clause powers.

Joshua A. Bloom

Principal
Meyers Nave Riback Silver & Wilson PLC

environmental law

555 12th St Ste 1500
Oakland , CA 94607

Phone: (800) 464-3559

Fax: (510) 444-1108

Email: jbloom@meyersnave.com

University of San Francisco School of Law

Joshua is in the firm's Land Use and Environmental Law Practice Groups. With more than 25 years of experience, he specializes in all areas of state and federal environmental and natural resources law, including complex environmental litigation, brownfields, environmental aspects of transactional matters, and compliance counseling, representing both public and private clients.

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David M. Metres

Principal
Beveridge & Diamond

333 Bush St Ste 1500
San Francisco , CA 94104

Phone: (415) 262-4000

Email: dmetres@bdlaw.com

David practices in all major areas of environmental litigation and compliance counseling, focusing on Superfund investigation and remediation, endangered species and natural resources policy and permitting, and water quality and supply for both surface water and groundwater.

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A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee Benson struck down the application of the ESA to a species - the Utah prairie dog - whose habitat is wholly within a single state. People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Serv., 13-00278 (D. Utah Nov. 4, 2014) ("PETPO")...

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