TITLE

The Latest and Greatest Commerce Clause Challenges to the Endangered Species Act: Rancho Viejo and GDF Realty

AUTHOR(S)
Van Loh, Sara D.
PUB. DATE
August 2004
SOURCE
Ecology Law Quarterly;2004, Vol. 31 Issue 3, p459
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Since its enactment in 1973, the Endangered Species Act (ESA) has enjoyed considerable judicial deference, yet attacks on its constitutionality have arisen recently in the wake of Lopez and Morrison. In the latest cases, Rancho Viejo and GDF Realty, the D.C. and Fifth Circuits considered Commerce Clause attacks on the ESA. While both upheld the ESA, the courts used different rationales, diverging in their definition of the "regulated activity" for the purpose of ascertaining the impact on interstate commerce. This note concludes that Congress does and should have the authority to regulate intrastate species pursuant to its Commerce Clause powers, under the theory that deleterious effects on biodiversity substantially affect interstate commerce. Furthermore, Congress has the authority to regulate when a "race to the bottom" between states is likely to occur.
ACCESSION #
15590896

 

Related Articles

  • Three Cheers for the Snail Darter. Buckley, James L. // National Review;9/14/1979, Vol. 31 Issue 37, p1144 

    The article presents arguments in the defense of Endangered Species Act in the U.S. This act has been criticized by practical men of affairs for halting progress over trifling issues. It is not possible to estimate the value of a given species immediately. This act aims to save endangered...

  • Canadians protest over rare species bill. Spurgeon, David // Nature;3/4/1999, Vol. 398 Issue 6722, p9 

    Reports on a letter of demand by scientists in Canada that the planned legislation to protect endangered species be based on scientific criteria. Contents of the letter; Canada's federal legislation on the issue as of March, 1999; Details of draft bill C-65.

  • Defining Recovery Goals and Strategies for Endangered Species: The Wolf as a Case Study. Carroll, Carlos; Phillips, Michael K.; Lopez-Gonzalez, Carlos A.; Schumaker, Nathan H. // BioScience;Jan2006, Vol. 56 Issue 1, p25 

    We used a spatially explicit population model of wolves (Canis lupus) to propose a framework for defining rangewide recovery priorities and finer-scale strategies for regional reintroductions. The model predicts that Yellowstone and central Idaho, where wolves have recently been successfully...

  • Assessing protection for imperiled species of nevada, U.S.A.: are species slipping through the cracks of existing protections? Greenwald, D. Noah; Bradley, Curtis // Biodiversity & Conservation;Nov2008, Vol. 17 Issue 12, p2951 

    To assess whether imperiled species are covered by existing protections in the biologically-rich state of Nevada, U.S.A., we compared the distribution of reserves with known imperiled species occurrences. For species poorly represented in reserves, we determined whether they were receiving...

  • The Protection of Endangered Species: A Canadian Perspective. Versteeg, Hajo // Ecology Law Quarterly;1983, Vol. 11 Issue 1, p267 

    The author offers guidelines for interest groups and politicians on how to draft legislation which will protect endangered species of flowers and plants and support the principle of biological diversity. He outlines the utilitarian and philosophical advantages derived from promoting biological...

  • Trade organization calls on effort to modernize Endangered Species Act. Laws, Forrest // Western Farm Press;7/1/2006, Vol. 28 Issue 15, p14 

    The article reports on the call for modernization of the Endangered Species Act in the U.S. The framers behind the legislation intended to conserve endangered species of plants or animals that were in a danger of extinction throughout all or a significant portion of their range. However, instead...

  • It's Almost Wolf Season. McIntyre, Thomas // Field & Stream;Jun2008, Vol. 113 Issue 2, p36 

    The article reports that after 35 years of protection under the Endangered Species Act, the gray wolf was declared recovered in the U.S. on March 28, 2008. Effective immediately Montana, Idaho, and Wyoming, the region where wolves have multiplied to 1,500 strong, assumed management...

  • RESPONSE: Comment on Trading Species: A New Direction for Habitat Trading Programs. Albrecht, Virginia S. // Environmental Law Reporter: News & Analysis;Aug2008, Vol. 38 Issue 8, p10548 

    The article presents a commentary on the paper "Trading Species: A New Direction for Habitat Trading Programs," by Jonathan Remy Nash. According to the author, Nash is correct on his contention that the Endangered Species Act (ESA) has failed to achieve species or habitat preservation in a...

  • The Endangered Species Act: The storm's eye. Corn, M. Lynne // BioScience;Oct90, Vol. 40 Issue 9, p637 

    Comments on the controversies surrounding the Endangered Species Act. The federal law can be used to completely stop an action in order to protect a species.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics